Defending an Employer Against a Retaliatory Harassment Claim
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 27, 2026
Legal Inquiry
Consumer Legal Issue
I'm being accused by an employee of sexual harassment because I terminated an employee for confidentiality breach but she is claiming it is because of a sexually related matter.
Attorney Answer
The strongest defense to a retaliation claim is documented proof that the termination was for a legitimate, non-retaliatory business reason — the confidentiality breach — that predates or is independent of the harassment complaint.
Under Ohio Revised Code § 4112.02(I), it is unlawful to retaliate against someone because they opposed an unlawful discriminatory practice such as sexual harassment, or participated in a related complaint or investigation — but that protection applies only where the termination is causally connected to the protected activity. If the confidentiality breach was identified and documented before any harassment complaint arose, or is otherwise unconnected to it, that timeline is the key evidence undermining a causation argument.
What you can do:
1. Assemble a timeline showing exactly when the confidentiality breach was discovered and documented relative to when any harassment complaint was raised.
2. Preserve all records, warnings, or communications tied specifically to the confidentiality breach, since proving the absence of causation — not just general recordkeeping — is what will decide this.
3. Engage an employment attorney now to assess the causation timeline and prepare a response to the claim.
⏱ Time limits apply. Discrimination and retaliation claims in Ohio are subject to filing deadlines that affect how much time exists before this exposure needs to be resolved. Consult employment counsel promptly to confirm the current deadlines for your situation.
Relevant Case Law
Messer v. Summa Health Sys., 2018 Ohio 372 (2018) — Ohio Court of Appeals
An employee must first establish a prima facie case of retaliation by demonstrating each of the following elements: (1) that she was engaged in a protected activity, (2) that the employer knew of her participation in the activity, (3) that she was subjected to adverse employment action, and (4) that "there is a causal link between the protected activity and the adverse employment action."
It supplies the Ohio retaliation test, including the causation element, in a case where an employer defeated a retaliation claim brought after a sexual-harassment complaint and termination.
Read the full opinion (CourtListener)
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Frequently Asked Questions
What must an employee show to prove retaliation for a harassment complaint?
Generally, an employee must show a causal connection between the protected complaint and the adverse action, such as termination. A legitimate, well-documented reason that predates the complaint can undercut that connection.
Does documenting a policy violation before a complaint help an employer's defense?
Yes, in many cases a clear timeline showing that disciplinary action was based on a documented violation identified before any complaint was raised is strong evidence against a retaliation claim.
What should an employer do when facing a harassment allegation tied to a termination?
Consulting an employment attorney promptly to assemble the relevant timeline and documentation, and to understand applicable filing deadlines, is generally recommended.
