If you complain to your employer about discrimination, harassment or other
violations of your rights in the workplace, your employer may not properly
take any action against you that you might view as punishment or retaliation
for the complaint. The law also protects an employee who participates
in an investigation or files a lawsuit against an employer for discrimination,
harassment, or other workplace violations.
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If you have a genuine and reasonable basis to believe that your complaints
are legitimate and meritorious, even if they turn out to be unfounded,
your employer violates the law if, as a result of your complaint, he or
she takes actions against you that negatively or adversely affect your
Adverse actions include, but are not limited to discipline, negative evaluations,
issuance of warnings, salary reduction, demotion, discipline, firing,
change in shift assignment, or change in job assignment. Retaliation may
also include hostile attitudes or behavior by employers, including managers,
supervisors, human resources representatives, or coworkers, toward an
employee who complained.
A few examples of retaliatory behavior include but are not limited to:
- Your employer learned that you are participating in an investigation of
a sexual harassment allegation against him, and shortly thereafter, gives
you an unusually negative evaluation even though your performance has
remained continuously effective.
- You file a discrimination complaint against your supervisor with the human
resources representative in your company. You are fired soon afterwards
because of "performance issues" although your performance was
never an issue before you made your complaints.
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The law encourages employees to assert their employment rights when they
genuinely believe their rights are being violated, and the law prohibits
employers from penalizing you for doing so. If you believe your employer
is retaliating against you for complaining about their workplace violations,
you may wish to speak to an attorney about the best manner in which to proceed.
Schwartz & Perry will be pleased to discuss your concerns with you. There is no charge
for our initial interview, in which we will be able to determine whether
we believe we will be able to help you and whether you wish to invite
us to do so.
Contact our New York employment discrimination attorney.