Retaliation in the workplace is one of the most common and damaging violations of employee rights. It occurs when an employer takes adverse action against an employee for engaging in legally protected activity, such as reporting discrimination, requesting accommodations, or blowing the whistle on unlawful conduct.
If you have been subjected to retaliation, you may have legal recourse under federal and New York laws. The specific legal protections and procedures available to you will depend on the applicable laws relevant to your situation. This article explains the many ways retaliation can happen, the laws that protect you, and how an employment retaliation lawyer can help you seek justice.
If you believe you have experienced workplace retaliation, contact us for a free consultation with an experienced NYC employment retaliation lawyer to discuss your potential case.
What Is Illegal Employer Retaliation?
Employer retaliation is a serious violation of employee rights that occurs when an employer punishes an employee for exercising their legal protections in the workplace. In New York City, workplace retaliation can take many forms, from sudden termination to subtle changes in job responsibilities or working conditions. These adverse actions are often taken in response to an employee standing up for their rights—such as reporting discrimination or harassment, requesting accommodations, or participating in investigations.
The impact of employer retaliation can be devastating, affecting not only your career and financial security but also your emotional well-being. Fortunately, both federal and New York laws, including the Civil Rights Act and the New York City Human Rights Law, are designed to protect employees from such unlawful conduct. These laws prohibit employers from retaliating against employees who assert their rights or report illegal activities in the workplace.
If you believe you are experiencing workplace retaliation in New York City, it is crucial to consult with an experienced NYC workplace retaliation lawyer. An experienced retaliation lawyer can help you understand your rights under the law, evaluate your situation, and guide you through the process of holding your employer accountable. Protecting your rights in the workplace starts with knowing the law and seeking the right legal support.
What Is Adverse Action?
Adverse action is a key concept in any retaliation claim. It refers to any negative or harmful action an employer takes against an employee because the employee engaged in a protected activity. Protected activities can include reporting discrimination or harassment, filing a complaint with the Equal Employment Opportunity Commission (EEOC), or participating in an investigation or lawsuit related to employment discrimination or workplace harassment.
Retaliation for Reporting Discrimination or Harassment
Reporting discrimination or filing a discrimination complaint—whether based on sex, race, age, religion, disability, pregnancy, national origin, or another protected category—is a legally protected activity.
Unfortunately, an employee engaging in protected activity, such as making a discrimination complaint, may face retaliation from their employer. Employees who face retaliation after making a discrimination complaint are protected by law.
Scenario
Chloe, a marketing associate in Manhattan reports sexual harassment by a supervisor to Human Resources. In the following weeks, she is reassigned to menial tasks, excluded from meetings, and subjected to unwarranted criticism. These negative changes may constitute unlawful retaliation.
What Laws Prohibit Retaliation For Reporting Discrimination in the Workplace?
Retaliation laws at both the federal and state level prohibit employers from taking adverse actions against employees who report discrimination or harassment based on protected characteristics. Protected characteristics include traits such as sex, race, age, disability, gender, and sexual orientation, which are safeguarded under anti-discrimination laws.
Federal law: Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) are key retaliation laws that prohibit retaliation against employees who oppose unlawful discrimination or participate in related investigations or proceedings involving protected characteristics.
New York law: The New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL) are important retaliation laws that make it unlawful for employers to retaliate against employees who oppose, or report discrimination or harassment based on protected characteristics. This protection applies whether the complaint is made internally (to HR or a manager) or externally (to a government agency).
Retaliation for Requesting Disability Accommodations
Employees with disabilities have the right to request reasonable accommodations to perform their job duties, and retaliation can include adverse changes to job assignments. Retaliation for making such requests is illegal.
Scenario
Erica, an employee with a chronic medical condition asks for a modified work schedule to attend necessary treatments. Shortly after making the request, she receives an unjustified poor performance review and is denied a promotion she was previously in line to receive. This conduct may be considered retaliation. Such retaliation may constitute illegal conduct under federal and state law.
Legal Framework
Federal law: The ADA requires employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would create undue hardship. It also forbids retaliation for requesting or using such accommodations.
New York law:
The NYSHRL and NYCHRL provide similar protections and, in some cases, broader coverage than federal law. Both prohibit adverse employment actions against employees for requesting, using, or enforcing their right to accommodations.
Retaliation for Whistleblowing
Whistleblower retaliation occurs when an employer punishes an employee for reporting illegal or unsafe practices to government agencies or other accountability bodies.
Scenario
Fatima, a financial officer in Brooklyn, reports fraudulent accounting practices to state regulators. Soon afterward, she is stripped of significant job responsibilities and excluded from key decision-making meetings. These are classic signs of potential retaliation.
Legal Framework
Federal law: Statutes such as the Sarbanes-Oxley Act, the Dodd-Frank Act, and the Occupational Safety and Health Act protect whistleblowers from retaliation.
New York law:
Under New York Labor Law § 740 and § 741, private and public employees are protected when they disclose or object to violations of laws, rules, or regulations that present a substantial danger to public health or safety or constitute health care fraud. The NYCHRL and NYSHRL can also apply where whistleblowing relates to discrimination or harassment.
Retaliation for Requesting Maternity Leave
Pregnancy and childbirth are protected circumstances under both federal and New York law, and employees have the right to take maternity leave without fear of retaliation. Unfortunately, some employers unlawfully punish employees for exercising these rights.
Scenario
Tanisha, a project manager in Queens informs her employer that she will be taking maternity leave under New York’s Paid Family Leave law and the federal Family and Medical Leave Act (FMLA). Soon after making the request, she is excluded from important projects, her clients are reassigned, and she receives sudden criticism of her work performance. When she returns from leave, she finds her position downgraded and opportunities limited. These changes may constitute unlawful retaliation.
Legal Framework
Federal law:
The FMLA provides eligible employees with up to 12 weeks of unpaid leave for the birth of a child, with job protection upon return. Retaliation for requesting or taking this leave is prohibited.
New York law:
New York’s Paid Family Leave (PFL) law grants eligible employees job-protected, paid time off to bond with a new child. Employers cannot retaliate or discriminate against employees for requesting or taking PFL. This includes any adverse employment action before, during, or after the leave period.
Other Common Retaliation Scenarios
These scenarios are examples of the many other forms of workplace discrimination and retaliation:
- Reporting workplace safety violations: Retaliation for reporting unsafe working conditions to OSHA or state safety authorities is prohibited.
- Filing or supporting a coworker’s discrimination claim: Protection extends to those who assist others in asserting their legal rights.
- Requesting family or medical leave: Retaliation for taking leave to receive treatment or care for a family member experiencing a medical condition under the Family and Medical Leave Act (FMLA) or New York’s Paid Family Leave law is unlawful.
- Opposing unlawful company practices: Even informal opposition, such as voicing concerns in a meeting, can be protected activity.
- Reporting gender discrimination or discrimination based on sexual orientation: Employees are protected from retaliation when they report or oppose gender discrimination or discrimination based on sexual orientation, both of which are prohibited forms of workplace discrimination under federal and state laws.
Can You Sue for Retaliation?
Yes, if you can show evidence of retaliation you are eligible to file a lawsuit. To build a strong retaliation case, you will need to show:
- You engaged in a protected activity (e.g., reporting discrimination, requesting accommodations, or whistleblowing).
- You suffered an adverse employment action (e.g., termination, demotion, pay cut, reassignment to undesirable duties).
- There is a causal connection between the protected activity and adverse action.
Retaliation can also result in other related claims, such as a discrimination lawsuit or a wrongful termination claim, depending on the circumstances of your case. As experienced employment retaliation attorneys, we can determine which claims apply to your situation.
What Types of Compensation Are Available For Retaliation Claims?
Employees who experience workplace retaliation may be entitled to significant legal remedies designed to restore fairness and hold employers accountable. Depending on the circumstances of your case, potential outcomes can include:
- Reinstatement to your former position.
- Back pay and lost benefits.
- Front pay if reinstatement isn’t possible.
- Compensatory damages for emotional distress.
- Punitive damages in certain cases.
- Attorneys’ fees and court costs.
- Injunctive relief to prevent further retaliation.
When seeking these remedies, it is important to choose legal representation with a strong track record of success in retaliation cases. Working with a lawyer who has a proven track record can increase your chances of obtaining these remedies.
New York Deadlines and Procedures
Timely action is critical:
- Under the NYSHRL, NYCHRL, and the New York Human Rights Law (York Human Rights Law), you generally have one year from the retaliatory act to file with the New York State Division of Human Rights or the New York City Commission on Human Rights.
- Federal claims filed with the Equal Employment Opportunity Commission (EEOC) typically have a 300-day deadline for New York-based incidents, because New York has its own enforcement agencies.
Why Should I Work with an Employment Retaliation Attorney?
As employment retaliation lawyers with decades of experience, we can:
- Analyze whether your situation meets the legal definition of retaliation.
- Determine whether federal law, New York State law, New York City law, or multiple laws apply.
- File timely administrative complaints.
- Negotiate settlements or take your case to court.
- Protect you from further retaliation during the process.
Our team of experienced attorneys focuses on employment law, including workplace retaliation cases. With our experience comes a deep understanding of how to identify and prove retaliation. Experienced workplace retaliation lawyers know how to build strong cases, maximize client protections, and ensure that the laws protect employees from unlawful actions by their employers. As dedicated retaliation lawyers, we use the law to prevent employers from engaging in retaliation and to secure the best possible outcomes for our clients.
What Steps Should I Take If I Suspect Retaliation For Reporting Discrimination?
If you suspect that you are being retaliated against, you should:
- Document incidents: Keep detailed records of all retaliatory acts, including dates, times, witnesses, and communications. A clear timeline can be critical to proving retaliation.
- Save performance records: Retain positive evaluations, awards, and supportive emails that contradict any sudden negative claims by your employer.
- Put complaints in writing—and keep copies: If you report discrimination or retaliation, follow up verbal conversations with a brief email confirming what was discussed. Always save a copy outside your work account. If you are fired or lose access to your company email, these records may be essential to showing you complained and then suffered retaliation.
- Identify witnesses: Co-workers may be able to corroborate your account of retaliation or discriminatory treatment.
- Consult a New York retaliation attorney promptly: Early legal advice helps preserve your rights, ensures filing deadlines are met, and strengthens your case.
Workplace retaliation can have serious consequences for your career and personal life. Acting quickly with the support of an experienced NYC retaliation lawyer can protect your rights and help you move forward.
Frequently Asked Questions (FAQ) About Workplace Retaliation
What counts as retaliation under New York law?
Any adverse action taken because you engaged in protected activity—such as reporting discrimination or requesting accommodations—can constitute retaliation.
Do I have to be fired for it to be retaliation?
No. Retaliation can include demotion, pay cuts, reassignment, exclusion from meetings, increased scrutiny, or other actions that negatively impact your job.
Is internal reporting of retaliation protected?
Yes. In New York, both internal complaints to management or HR and external complaints to government agencies are protected.
How long do I have to file a claim for retaliation?
You have one year to file under state or city law, and up to 300 days for federal claims filed with the EEOC.
Can I recover damages for emotional distress if I am being retaliated against at work?
Yes. Both New York and federal laws allow for recovery of emotional distress damages in retaliation cases.
What if my employer claims the adverse action was for performance reasons?
If the timing, pattern, or lack of credible evidence suggests the reasons are pretextual, you may still prove retaliation.
How can an employment retaliation attorney help with a retaliation claim?
An experienced employment retaliation lawyer can assess your case, gather evidence, handle filings and deadlines, and advocate for compensation and corrective action.
Schedule A Free Consultation With An Experienced NYC Retaliation Attorney Today!
Retaliation—whether for reporting discrimination, requesting accommodations, or exposing wrongdoing—undermines workplace fairness and violates the law. Federal statutes, the NYSHRL, and the NYCHRL all protect employees from retaliatory acts.
If you believe you have been retaliated against, Tuckner, Sipser, Weinstock & Sipser LLP is here to help. As an employment retaliation law firm with decades of experience, we represent employees in New York City and across New York State. Our employment retaliation attorneys will review your situation, explain your rights, and pursue justice on your behalf.
Contact us today for a free, confidential consultation and take the first step toward protecting your career, reputation, and legal rights.
With more than 35 years as a New York illegal employer retaliation lawyer, attorney William J. Sipser has represented countless people who have been the victims of employer retaliation. William is an active member of the New York bar.