Can I still file a claim if I didn’t report the discrimination or harassment when it happened?
Can I still file a claim if I didn’t report the discrimination or harassment when it happened?
You may still be able to file a legal claim even if you did not report the discrimination or harassment to your employer when it occurred, but it depends on the circumstances. If you did not make an internal complaint, you may have a viable claim if your employer knew or should have known that the conduct occurred. Or in some circumstances the employer has strict liability, such as sexual harassment by a supervisory employee.
Regardless of whether the employee is legally required to report harassment or discrimination to your employer, doing so can be important for your case. Many employees fear retaliation if they make a complaint. However, if your employer had policies in place for reporting misconduct and was never given a chance to correct the problem, it may substantially reduce their liability. In addition, California law protects employees from retaliation for raising good-faith concerns about illegal behavior, such as discrimination and harassment.
An experienced San Francisco employment lawyer can evaluate your situation and help you understand your options. Contact McCormack Law Firm to learn more.