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How to prove retaliation after being sexually harassed at work

| Mar 26, 2020 | Sexual Harassment |

There are both state and federal laws on the books that make it illegal for an employer to retaliate against their employees. Employers are strictly forbidden from firing employees who participate in an investigation of their employer or report their unlawful activities including discrimination and sexual harassment. Anyone who violates legislation such as the Age Discrimination in Employment Act (ADEA), Equal Pay Act (EPA), Civil Rights Act (CRA) or Americans with Disabilities Act (ADA) may face civil penalties for doing so.

Employees are protected when they participate in an investigation into their employer. Workers can be subpoenaed and testify at court hearings or answer federal investigators’ questions regarding their employer’s illicit activity without having to fear being fired if they do so.

Workers can also report their Burlington employers’ unlawful behavior such as discrimination, sexual harassment or safety violations without fear of being penalized for doing so.

An employee must generally be able to prove three factors when filing a wrongful termination or retaliation claim. A worker must first be able to document that they were engaged in a protected activity. They must also be able to show that they’ve been punished and that their punishment is a direct result of their participation in a protected activity.

Many workers who report discrimination, sexual harassment or their employer’s impropriety often find that more restrictions get placed on them, they’re reassigned to a new role, denied a promotion or otherwise treated unlawfully when they do. This is forbidden under New Jersey and federal laws. Many employers assume that workers won’t exercise their rights in such instances.

An attorney can give you that support you need to file suit against your employer if you’ve been treated unlawfully while at your Burlington job.

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