If you are facing a sexually hostile work environment, you may be hesitant to report it. You may be afraid you will be fired after reporting sexual harassment to your employer or the EEOC. That’s what happened to several Kansas school district custodians who were facing harassment at work.

In this blog, I will review the case of Reyes et al. v. Hugoton Public Schools. I will explain what sexual harassment charges look like, and what you can do if you have been retaliated against after standing up for your rights at work.

Kansas Custodians Face Sexual Harassment at Work

Elda Pena and Francisca Reyes were custodians for a Kansas high school within the Hugoton Public School District. Pena had been working there since 2010; Reyes since 2012. In a complaint filed with the United States District Court for the District of Kansas, they said that their mutual supervisor Rogelio Hernandez had sexually harassed them, and that they were fired after reporting that sexual harassment.

According to the complaint, Hernandez groped the women, demeaned them, and invaded their privacy. He would call Reyes a Spanish word for a woman who leaves a man with “blue balls.” He called Pena a prostitute and said that she had to have sex with him if he asked, because he was her boss. He would stand uncomfortably close to them and would regularly walk into the women’s restroom without knocking.

In August 2013, Reyes, Pena, and five other women met with the district superintendent, Mark Crawford, to register their complaints. Crawford dismissed them, telling them through a translator that Hernandez was a good man. He said to forget about it and not take any action against their boss. In responding that way, Crawford ignored the fact that Hernandez had previously been suspended for two days based on a 2012 sexual harassment claim.

When the women persisted, Crawford eventually reassigned Hernandez to another shift and put him on 120 days of probation. He also reassigned Reyes and Pena. However, Hernandez continued as Director of Facilities. But in doing so, Crawford assigned Pena to a supervisor against whom Pena had previously lodged a separate complaint, saying that he groped and sexually harassed her when they worked together in the past.

Then, on October 7, 2013, Crawford fired Pena outright and sent Reyes a letter, warning her that “talking negatively about your direct supervisor with other staff members and the community in general is completely unacceptable.” He fired her a week later.

Sexual Harassment At Work Is Illegal

The kind of treatment Reyes and Pena report is illegal under Title VII of the federal Civil Rights Act, as well as state anti-discrimination laws. Federal law says illegal sexual harassment can include:

• Unwanted sexual advances
• Requests for sexual favors
• Physical conduct of a sexual nature
• Insults or demeaning statements based on a person sex

The conduct may be by a person’s supervisor (like Hernandez), co-worker, or even a client or customer. When this behavior becomes frequent enough or severe enough to create a hostile work environment, or results in an adverse employment decision, it becomes illegal sexual harassment.

In determining the strength of a sexual harassment claim, employment discrimination lawyers and federal judges will look at how an employer responded to formal or informal complaints. If the Kansas custodians’ claims are proven, the superintendent’s disregard for their concerns could work against the district at court.

Fired After Reporting Sexual Harassment? That’s Illegal Too

Crawford’s initial response to the women’s sexual harassment claims was bad enough, but when he fired them both within a week, he likely committed illegal retaliation. Every civil rights statute that the Equal Employment Opportunity Commission (EEOC) enforces, including the federal Civil Rights Act, includes protection against retaliation. If an employee is discriminated against because she complains about sexual harassment in her workplace, that in itself may be grounds for a lawsuit.

The sexual harassment attorneys for the Kansas custodians are seeking back pay, front pay based on their lack of employment, and punitive damages against the school district. Retaliation claims can also result in additional damages for:

• Expenses related to finding replacement employment
• Costs of mental, emotional, or other treatment needed as a result of the harassment
• Other out-of-pocket expenses
• Pain and suffering for emotional harm, mental anguish, or loss of enjoyment of life.

Retaliation protections apply to more than just the victim of sexual harassment. Anyone fired after reporting sexual harassment, acting as a witness, or participating in the investigation in any way may be entitled to civil rights protections.

If you have been fired after reporting sexual harassment, you need to talk to an experienced employment discrimination attorney to find out what protections are available to you. At Eisenberg & Baum, LLP, our attorneys are trained to help you fight back against retaliation and sexual harassment. Contact us today to schedule a free consultation, and find out whether you have a case.