Workplace sexual harassment can be demoralizing. Whether an employee experiences quid pro quo harassment from a supervisor or endures a hostile work environment created by their co-workers, they may feel very anxious about reporting to work.
Thankfully, the law clearly protects professionals from sexual harassment. Those experiencing harassment can report the matter to their employers. Doing so is a protected activity. Companies generally should not punish employees who report sexual harassment with the expectation that their managers should help resolve the situation.
If a supervisor transfers a worker who reported harassment on the job, is that a violation of their rights?
Any retaliation could be illegal
Workplace retaliation involves unfair punishment for engaging in protected activities. As mentioned above, reporting sexual harassment is a protected activity under current federal and state laws.
Businesses cannot punish the workers because they report harassment to management. The company does not need to fire a worker to illegally retaliate against them. An unrequested transfer can also constitute retaliation.
Moving an employee to another shift, department or facility in response to a harassment complaint may constitute punishing the victim rather than addressing the misconduct of the party engaging in harassment. The move could impact their work/life balance or long-term career trajectory. Employees facing an unfavorable and unwanted transfer after they reported a supervisor or co-workers for harassment may need to assert themselves to protect their careers.
Professionals facing retaliation after reporting sexual harassment may need to negotiate with their employers or may even need to file sexual harassment lawsuits. Recognizing what conduct constitutes retaliation can help workers hold their employers accountable for inappropriate and illegal responses to credible complaints about sexual harassment.