Retaliation Prevention

Frequently, an employer’s exposure to liability, damages, and punitive damages is greater due to the retaliation following sexual harassment, more so than the sexually harassing conduct itself. In fact, an employee who may not have a sexual harassment case may have a significant damages case based on the retaliation that followed the complaint about harassment. It is thus important that employers have a clear and enforced anti-harassment policy to ensure that employees and managers refrain from retaliation. Employees who are retaliated against may be able to sue based on sexual harassment retaliation even though they may not be able to sue for sexual harassment.