Under federal and state laws, employees in New York City are entitled to certain rights in the workplace–one of which is to engage in protected activity. When your employer punishes you for engaging in a lawful right, you may be a victim of retaliation.

Unfortunately, retaliation can become complicated, as it’s often not obvious that it’s occurring. For example, it is illegal for an employer to retaliate against you for:

  • Reporting or filing a discrimination claim;
  • Reporting or filing a sexual harassment claim;
  • Participating in an investigation or a lawsuit about a claim; or
  • Reporting that your employer is doing something illegal.

While these pertain to reporting wrongdoings in the workplace or the illegal actions of your employer, you may also face retaliation in the workplace for engaging in activities like:

  • Political protest
  • Protected speech
  • Activism

But is this legal? Knowing whether or not you have a claim is difficult. At Bantle & Levy, we can determine what actions need to be taken for you to get justice.

Forms of Workplace Retaliation

We often think that New York employment retaliation is limited to just wrongful termination for engagement in protected activity. However, it can actually take many forms that some may not recognize as retaliation. Common forms include adverse employment actions like:

  • Demotion
  • Denial of promotion
  • Denial of a pay increase
  • Transfer to a less desirable job
  • Decrease in hours or shifts
  • Harassment or mistreatment
  • Suspension

While identifying retaliation can be complicated, it does not mean you are without protection. As proving that retaliation did occur can be challenging, it’s necessary that you have an employee rights lawyer on your side who is familiar with the complexities of these cases.

Laws Protecting New York Employees From Retaliation

Employees in New York have various protections from retaliation in the workplace. If you have faced adverse employment action following your engagement in a protected activity, the following laws are designed to protect your rights:

  • The New York State Wage and Hour Law and Fair Labor Standards Act (FLSA): Protects against retaliation for voicing complaints about minimum wage, overtime, or other labor law concerns.
  • New York City Human Rights Law, New York State Human Rights Law, and Title VII of the Civil Rights Act of 1967: All three laws protect against retaliation for reporting discrimination or harassment based on sex, race, religion, national origin, sexual orientation, gender identity, and immigration status, etc.
  • The Age Discrimination in Employment Act (ADEA): Protects against retaliation for those who report concerns about age discrimination or harassment.
  • The Americans with Disabilities Act (ADA): Provides protections from retaliation for employees who voice concerns or evidence of discrimination based on a real or perceived disability or an employer’s refusal to make reasonable accommodations.
  • The Whistleblower Protection Act and New York State’s whistleblower statute: Both the federal and state law offers protection to those employees who report an employer’s wrongdoing.
  • The Occupational Safety and Health Act (OSHA): Prohibits retaliation against those who report unsafe conditions in the workplace.
  • The Sarbanes-Oxley Act of 2002: Offers protection to employees who work for publicly traded companies and report disclosure or ethics violations.

These laws are designed to protect you no matter what rank you hold within a company. However, you not only need the law on your side, but an engaged law firm to help you through the process.

New York Workplace Retaliation Lawyers: Bantle & Levy LLP

At Bantle & Levy LLP, our workplace retaliation lawyers know how complex retaliation claims against your employer can be. That’s why we work diligently to gather the facts of the case to the most minute detail. You have a right to be you, celebrate your beliefs, and engage in protected activity. But if your employer retaliated against you for doing so, you may have a case.

Contact our firm today. We want to help protect your employee rights.


Retaliation – Opposing Workplace Discrimination

Numerous federal, New York State, and New York City laws provide employees with various forms of workplace protections vis a vis their employers.  To promote compliance with and encourage employees...

Bantle & Levy October 2021

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