Federal, New York State, and New York City laws make it illegal for an employer to retaliate against an employee for engaging in a protected activity. Protected activity includes complaining to an employer or government agency about discrimination, harassment, wage and hour violations, whistleblower matters, or other violations of workplace rights. It also includes participating in an investigation, providing testimony, or filing a lawsuit. Under these laws, you are protected whether or not your complaint is ultimately proven, so long as you had a good faith and reasonable belief that your concerns were legitimate.

Even if your complaint turns out not to be substantiated, your employer violates the law if they take any action against you because you raised the concern in good faith. Retaliation is prohibited under numerous laws, including Title VII of the Civil Rights Act, the New York State Human Rights Law, the New York City Human Rights Law, the Fair Labor Standards Act, and New York Labor Law §§ 215, 740 and 741.

Adverse actions can be overt or subtle, and include: termination, demotion, pay cuts, denial of promotions, shift changes, unfavorable job reassignments, unwarranted negative evaluations, written or verbal warnings, exclusion from meetings or opportunities, and hostile treatment by supervisors or coworkers. Retaliation can also take the form of constructive discharge, where conditions are made so intolerable that the employee feels forced to resign.

Some common examples of workplace retaliatory behavior include:

• Your employer learns you are participating in an internal investigation of a sexual harassment complaint against them. Shortly afterward, you receive an unusually negative evaluation despite a consistent history of strong performance.
• You file a discrimination complaint with your company’s Human Resources department. Within weeks, your employment is terminated for alleged “performance issues” that were never raised before your complaint.

Retaliation does not always happen immediately after a complaint and can develop gradually over time. Subtle retaliation may involve being excluded from important projects, stripped of responsibilities, subjected to micromanagement, or having your work unfairly scrutinized. Because these patterns can be harder to detect and prove, it is important to speak with an attorney as soon as possible to preserve your rights and gather evidence.