Were you fired after reporting sexual harassment at your Spokane workplace? You’re protected from retaliation under the Washington Law Against Discrimination and may be entitled to compensation for lost wages, emotional distress, and more. Contact Gilbert Law Firm in Spokane at (509) 321-0750 today to see if you qualify.
Workplace harassment, especially sexual harassment, is a serious issue that affects countless employees across Spokane and Washington State. Reporting it takes immense courage, often accompanied by the fear of retaliation or losing their job. If you were fired for reporting sexual harassment, legal recourse is available.
At Gilbert Law Firm, our employment lawyers understand the toll retaliation takes on your emotional and financial well-being and are here to offer compassionate representation to help you seek justice. This guide outlines what you need to know about wrongful termination and the steps you can take to fight back.
Understanding Sexual Harassment in the Workplace
Sexual harassment in the workplace is unlawful under both federal and Washington State laws. Title VII of the Civil Rights Act of 1964 prohibits harassment in employment settings, while the Washington Law Against Discrimination (WLAD) offers broader protections. Sexual harassment generally falls into two categories:
- Quid Pro Quo: This occurs when someone in a position of power, such as a supervisor, offers job benefits like promotions or raises in exchange for sexual favors or threatens negative consequences if you refuse.
- Hostile Work Environment: This involves unwelcome and inappropriate sexual conduct, comments, or behavior that creates a hostile work environment you feel intimidated in.
Washington employees have the legal right to report harassment without fearing retaliation. Unfortunately, the reality is that some employers disregard these protections and unlawfully punish their employees for speaking out.
What Is Retaliation?
Retaliation is when an employer punishes an employee for taking action against sexual harassment. This is completely illegal under RCW 49.60.210. Some forms of retaliation include:
- Termination of employment
- Demotion or reduction in hours
- Being passed over for a job promotion you’re otherwise qualified for
- Unfavorable changes to job assignments or responsibilities
- Creating a hostile work environment as a response to a complaint
Washington State’s Protections for Workers Reporting Sexual Harassment
Washington’s Law Against Discrimination (WLAD) explicitly prohibits retaliation against employees who report harassment, participate in investigations, or engage in other protected activities. Employers who violate these laws by firing or retaliating against employees may be held accountable.
Importantly, WLAD often provides broader protections than federal law. For example, it applies to employers with 8 or more employees, whereas federal Title VII only covers employers with 15 or more. This means more Spokane workers are protected under state law than they may realize.
Steps to Take if You Were Fired for Reporting Sexual Harassment in Washington State
If you believe you were wrongfully terminated after reporting sexual harassment, consider the following steps to protect your rights:
1. Document Everything
Emails, text messages, and written complaints are crucial pieces of evidence. Keep detailed records of the harassment you experienced as well as the retaliation that followed, including:
- Communications with HR or supervisors
- A clear timeline of events
- Any retaliatory actions taken against you after you reported
2. File a Complaint with the EEOC or WSHRC
Washington employees can file a complaint with the Washington State Human Rights Commission (WSHRC) or the Equal Employment Opportunity Commission (EEOC). These two agencies have a work-sharing agreement, which means you can file with just one and request a cross-file with the other.
Important deadlines:
- You must file with the WSHRC within 6 months of the retaliatory act
- You must file with the EEOC within 300 days (Washington qualifies for the extended deadline because WSHRC enforces state anti-discrimination law)
3. Consult a Spokane Employment Attorney
A Spokane employment attorney familiar with Washington’s laws can evaluate your case and help you pursue compensation for lost wages, emotional distress, and other damages.
Our seasoned employment attorneys, headed by Bill Gilbert, can guide you through the legal process, gather evidence, and make sure your employer pays the consequences of their unethical actions against you.
Can You Sue for Wrongful Termination in Washington?
Yes. Under Washington law, employees who are terminated for reporting sexual harassment or engaging in protected activities can file a wrongful termination lawsuit. Grounds for these lawsuits often include:
- Retaliation: When an employer punishes you for exercising your legal rights.
- Violation of public policy: When termination contradicts public policies designed to protect employees from discrimination.
- Breach of contract: In some cases, termination may violate terms outlined in an employment agreement.
What Does Compensation for These Charges Look Like?
Victims of wrongful termination in Spokane may be entitled to compensation for:
- Lost Wages: Reimbursement for income you would have earned had you not been terminated.
- Emotional distress: Compensation for the psychological impact of being fired unjustly.
- Punitive damages: Additional damages intended to penalize employers for particularly egregious behavior.
- Attorney’s fees: In successful WLAD claims, attorneys’ costs may be recoverable.
How an Employment Attorney Can Help
If you were fired for reporting sexual harassment, an attorney can be an invaluable ally. Here’s how they can assist:
- Case evaluation: We assess the facts of your situation to determine if you have a valid claim for wrongful termination.
- File complaints: We help you file timely complaints with the EEOC, WSHRC, or other regulatory bodies.
- Gather evidence: Proving retaliation hinges on documentation. We help collect evidence, witness testimony, and other critical information.
- Representation: Whether negotiating a settlement or advocating for you in a Spokane courtroom, we’re here to make sure your rights are protected and your voice is heard.
Contact Our Washington Employment Attorneys at Gilbert Law Firm Today
Washington’s legal protections exist to ensure justice for employees who speak out against misconduct. With the guidance of a dedicated employment attorney, you can pursue compensation for being treated unfairly.
At Gilbert Law Firm, we have extensive experience in handling wrongful termination and retaliation cases in Spokane and across Washington State. Contact us today at (509) 321-0750 to schedule a consultation if you’ve been wrongfully terminated.
Frequently Asked Questions About Reporting Sexual Harassment in Washington State
1. What counts as retaliation after reporting sexual harassment in Washington?
Retaliation can include termination, demotion, reduction in hours, negative performance reviews, changes in job duties, or a hostile work environment created in response to your complaint. All of these are actually illegal.
2. How long do I have to file a retaliation claim in Washington?
You have 6 months to file with the Washington State Human Rights Commission (WSHRC) and 180 days to file with the EEOC (though this deadline could be extended in certain circumstances). For a civil lawsuit under Washington’s wrongful termination laws, the statute of limitations is generally 3 years.
3. Do I have to file with the EEOC before I can sue my employer in Spokane?
For federal claims under Title VII, yes, you must file with the EEOC and receive a “Right to Sue” notice before filing a federal lawsuit. For Washington State claims under the WLAD, they can be filed directly in court without going through the EEOC first.
4. What if my employer says I was fired for a different reason?
Employers rarely admit retaliation directly, so this will most likely be the case for most people in your position. A Spokane wrongful termination attorney can help establish a connection between your complaint and your termination by looking at timing, inconsistencies in the employer’s stated reasons, and patterns of treatment.
5. Does Washington law protect me if my employer has fewer than 15 employees?
Yes. Federal law (Title VII) only applies to employers with 15 or more employees, but Washington’s Law Against Discrimination actually applies to employers with 8 or more employees. If your Spokane employer has at least 8 employees, you are likely protected under state law.
6. What compensation can I recover in a wrongful termination case in Washington?
You may be entitled to lost wages, compensation for emotional distress, and punitive damages in egregious cases. Attorney’s fees may also be recoverable in successful claims under the WLAD.
7. Can I be fired for supporting a coworker who reported sexual harassment?
Yes, but that firing would also be illegal. Washington law protects not just those who report harassment, but also employees who participate in investigations or support coworkers who make complaints. This type of third-party retaliation is also prohibited.
8. What if the sexual harassment was committed by a coworker, not a supervisor?
You are still protected. Washington employers have a duty to investigate and address harassment regardless of who committed it. So, your employer may still be liable if you reported harassment by your coworker and were subsequently fired or retaliated against.
