New York Employment Retaliation Lawyer | NYC & Long Island

Employment Retaliation & Workplace Retaliation in New York

Have you been fired, demoted, disciplined, or otherwise treated adversely after reporting discrimination or harassment at work?

An employer generally cannot retaliate against an employee because the employee engaged in activity protected by applicable employment law. Employment retaliation, also known as workplace retaliation, can arise after an employee reports discrimination or sexual harassment, complains to Human Resources, files an EEOC charge, participates in an investigation, serves as a witness, or otherwise exercises legally protected rights.

Retaliation claims may arise under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, the New York City Human Rights Law, the FLSA, and other federal and New York employment laws.

The Law Office of Joseph Kilada represents employees and management in employment matters involving discrimination, sexual harassment, retaliation, Title VII claims, EEOC proceedings, wage-and-hour disputes, and overtime litigation throughout New York, including New York City and Long Island.

If you believe you have experienced employment retaliation, or if you are an employer responding to a retaliation complaint, a prompt review of the circumstances can help identify potentially applicable laws, defenses, deadlines, and legal options.

What Is Employment Retaliation?

Employment retaliation generally occurs when an employer takes a materially adverse action against an employee because the employee engaged in legally protected activity.

Under federal employment discrimination law, a retaliation claim generally involves protected activity, a materially adverse action, and a causal connection between the protected activity and the employer’s action. The precise requirements depend on the applicable law and circumstances.

New York State and New York City laws may provide additional protections depending on the facts.

What Is Protected Activity?

Depending on the applicable law, protected activity may include:

• Reporting discrimination based on race, sex, age, disability, religion, pregnancy, or national origin;
• Complaining about sexual harassment;
• Opposing unlawful discrimination or harassment;
• Complaining to Human Resources or management;
• Filing an EEOC charge;
• Participating in an EEOC investigation;
• Providing information during an employment investigation;
• Serving as a witness; or
• Testifying, assisting, or participating in an employment proceeding.

Certain accommodation-related activity and complaints concerning wage-and-hour violations may also be protected under applicable law.

A complaint does not necessarily have to use specific legal terminology to potentially qualify as protected activity. The substance of the complaint and the applicable law are important.

What Can Workplace Retaliation Look Like?

Retaliation is not limited to termination. Depending on the circumstances, it may include:

• Termination or firing;
• Demotion;
• Reduced pay or hours;
• Discipline or suspension;
• Denial of promotion or benefits;
• Unfavorable assignments or transfers;
• Negative performance evaluations;
• Increased or unusual scrutiny;
• Threats or intimidation;
• Retaliatory harassment; or
• Removal of responsibilities or professional opportunities.

Whether conduct constitutes unlawful retaliation depends on the applicable law and facts. Not every adverse workplace action constitutes unlawful retaliation.

Examples of Employment Retaliation

Retaliation After Reporting Sexual Harassment

An employee reports sexual harassment to Human Resources and is subsequently subjected to unusual discipline, increased scrutiny, undesirable assignments, or termination. Depending on the evidence, the employee may have a sexual harassment retaliation claim.

Retaliation After Filing an EEOC Charge

An employee files an EEOC charge alleging discrimination and is subsequently demoted or disciplined. The employee may have an EEOC retaliation claim if the required causal connection can be established.

Retaliation Against a Witness

An employee participates in an investigation of alleged discrimination and is subsequently disciplined because of that participation. A witness may have protection against retaliation even if the witness did not make the original complaint.

FLSA or Overtime Retaliation

An employee complains about unpaid overtime or another wage-and-hour violation and is subsequently terminated, disciplined, or has hours reduced. Depending on the circumstances, the employee may have an FLSA retaliation or other wage-and-hour retaliation claim.

Can My Employer Fire Me After I Complain About Discrimination?

An employer is not automatically prohibited from terminating an employee simply because the employee previously made a complaint. An employer may have a legitimate, non-retaliatory reason for an employment decision, such as performance problems, misconduct, restructuring, or another legitimate business reason.

The important question is whether the employer took the adverse action because of the employee’s protected activity.

Evidence may include the timing of the complaint and adverse action, statements by supervisors, emails or texts, sudden changes in treatment, inconsistent explanations, unusual discipline, and evidence that similarly situated employees were treated differently.

Timing can be important evidence, but timing alone does not automatically establish retaliation.

New York Employment Retaliation Law

New York employees may have protection against retaliation under federal law, the New York State Human Rights Law, the New York City Human Rights Law, and other applicable employment statutes.

New York employment retaliation can involve discrimination and harassment complaints as well as complaints concerning wages, overtime, accommodations, and other legally protected rights.

The applicable law depends on the circumstances, the nature of the complaint, the employer, and where the conduct occurred.

The Law Office of Joseph Kilada represents clients throughout New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as Nassau County, Suffolk County, Long Island, and Westchester County.

Can I Have a Retaliation Claim If My Discrimination Complaint Was Unsuccessful?

Potentially, yes.

A retaliation claim and an underlying discrimination claim are separate legal issues. Depending on the applicable law, participating in an investigation or proceeding may remain protected even if the underlying discrimination allegation is ultimately unsuccessful.

Whether a retaliation claim is viable depends on the protected activity, the employer’s subsequent conduct, causation, and the applicable law.

What Should I Do If I Believe My Employer Is Retaliating?

Preserving relevant evidence can be important. Consider maintaining copies of documents you are legally permitted to retain, including emails, text messages, performance evaluations, disciplinary notices, written complaints, schedules, and other records concerning your employment.

Create a chronological record of when you complained, what you reported, who received the complaint, who knew about it, and what happened afterward.

Do not destroy, alter, or improperly remove confidential company information. Employment claims can also be subject to important filing deadlines and procedural requirements.

Frequently Asked Questions About Workplace Retaliation

Contact a New York Employment Retaliation Lawyer

If you believe your employer retaliated against you after you reported discrimination or sexual harassment, complained to Human Resources, filed an EEOC charge, participated in an investigation, served as a witness, or complained about unpaid wages or overtime, the circumstances may warrant legal review.

The Law Office of Joseph Kilada represents employees and management in employment matters involving employment retaliation, workplace retaliation, sexual harassment, discrimination, Title VII claims, EEOC proceedings, FLSA and wage-and-hour disputes, and overtime litigation.