Retaliation is the name for any actions an employer takes against you for asserting your rights under federal, state, and city employment laws. RETALIATION IS AGAINST THE LAW.
It is unlawful for your employer to retaliate against you for complaining about a violation of your rights. The New York State Human Rights Law, New York City Human Rights Law, and several federal laws, including but not limited to, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Fair Labor Standards Act prohibit an employer from firing or discriminating against you for engaging in a protected activity such as: filing a complaint or for participating in a legal proceeding for harassment, discrimination or unpaid minimum wage or overtime.
If you believe that you have been discriminated against, sexually harassed or not paid proper wages, you should complain to human resources or management, after consulting with an experienced employment attorney. Any complaint you file should be in writing, preferably by email. Your employer cannot retaliate against you for filing a complaint.
Retaliation can occur against you in a number of different ways. If, after complaining, your employer terminates you, reduces your hours, fails to promote you, demotes you, or takes any other action against you that could be construed as retaliatory, your employer has violated the law, under the city and/or state, and or federal employment laws.
Under certain circumstances, a retaliation case may be stronger than a discrimination or sexual harassment case. So long as you have a good faith belief that your employer has engaged in wrongdoing, you are entitled to protection from retaliation under the law.
If you believe you have been retaliated against on the job, you should speak with an experienced employment discrimination attorney as soon as possible. Retaliation and anti-discrimination claims have extremely tight time limits that, if missed, can eliminate your ability to claim legal relief.