Did you know you can lose a sexual harassment lawsuit even when no one was actually sexually harassed and the court agrees that no sexual harassment took place? You can, if you retaliate against the person who made the complaint. Sure, it won’t be the sexual harassment complaint that you lose on–but retaliation charges can be just as expensive.
How you treat someone who makes a complaint is critical and you have to be careful to not retaliate.
To read more about it, click here: What is Workplace Retaliation?
2 thoughts on “Workplace Retaliation”
“If you have documentation, you can continue along the disciplinary path, but do consider that the poor performance is a result of the harassment or discrimination, rather than an entirely separate situation.”
YES YES YES. If John really has been harassing Jane, that can cause a lot of stress for her and could indeed affect her performance. Same if John is a person of color and Jane is being a racist bully to him. It’s hard to do your best work when your colleagues or bosses are horrible.
I do think you need to clarify one thing. If John actually only asked Jane out once and then stopped, then the boss can indeed decide that it’s not harassment, and Jane needs to deal. But, if it turns out that John has asked her out multiple times or is punishing her for saying no that one time, then the boss really cannot decide that it’s “not bad enough” to punish.
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