worry that lodging a complaint may hinder their career advancement or result in financial loss. Supervisors may hold a complaint against them, potentially impacting a raise or promotion that would have happened had they not reported sexual misconduct. Retaliation can also take more subtle forms, such as social isolation, negative performance reviews, or being treated inferior to their peers. Employees may fear being labeled as “the problem,” which could tarnish their reputation and career trajectory. Despite retaliation being unlawful, many employees report being treated in an inferior manner after complaints of discrimination or sexual harassment. This fear is why so many employees wait to report sexual harassment until after they leave their job. No one should have their job threatened or taken from them or receive any negative consequences solely because they are reporting unlawful activity. Our firm assists not only with sexual harassment matters but also with retaliation claims for employees who decide to speak up. 10 LAWYER MONTHLY MARCH 2025 Power Imbalance Discourages Reporting There is an inherent power imbalance in supervisor-subordinate relationship. This imbalance makes it even more difficult for employees to report sexual harassment particularly when the harasser is in a supervisory position over the employee. Supervisors hold decision making power over a subordinate’s work environment. Supervisors often control an employee’s financial development such as influencing or controlling their pay increases or their ability to get promoted. Supervisors also have input into performance reviews and assignments which can contribute to the office culture and reputation of an employee. The power dynamic can create an environment where a subordinate is afraid to speak up to avoid jeopardizing their career trajectory. Supervisors may also use their authority to manipulate victims to come forward. They can easily intimidate or sway an employee to not complain particularly if they are protecting themselves or another highranking employee. Employers need to be aware of this inherent power imbalance because it can heavily influence how Why Do Employees Not Complain about Sexual Harassment Immediately? Fear of Retaliation Many employees are scared to report sexual harassment for fear of retaliation. There is often a lack of trust that employees have towards their employers. This may be distrust in how their complaints will be handled or the feeling that their report will lead to negative consequences. Retaliation refers to any adverse action taken against an employee for engaging in a protected activity at the workplace, such as reporting sexual harassment. Despite being unlawful, retaliation occurs frequently, and employees are aware of this. How does retaliation present itself in the workplace? Retaliation can take many forms. Most obviously it can result in a termination or a demotion. Employees who fear that their job security is at risk are understandably discouraged from speaking out. Similarly, employees may
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