Employment Lawyers at Harding Mazzotti, LLP
Employment Lawyers at Harding Mazzotti, LLP
Most employees are aware that there are laws to protect them from discrimination and harassment in the workplace. However, fewer people realize that these laws also protect employees from retaliation in the workplace. This means that employers cannot punish employees for reporting discrimination or harassment, participating in workplace investigations, or engaging in other legally protected activities. Retaliation at work can take many forms, not just firing or demotion but also more subtle actions that negatively impact an employee’s job.
Workplace retaliation happens when an employer takes adverse action(s) against an employee because they engaged in legally protected activities. These protected activities include:
Employer retaliation can take many forms, including:
Even subtle actions, such as changes in job responsibilities or exclusion from important meetings, can constitute retaliation if they would deter a reasonable person from making a complaint.
Federal laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Fair Labor Standards Act (FLSA), protect employees from retaliation. These laws ensure that employees can report discrimination, harassment, or other illegal activities without fear of punishment. Additionally, state laws, such as the New York State Human Rights Law (NYSHRL), provide further protections.
Employees are protected from retaliation when they:
Recognizing retaliation can sometimes be challenging. Here are some signs that you might be experiencing retaliation:
If you noticed these changes shortly after engaging in a protected activity, you have a reason to be concerned.
Consider these scenarios:
John is a cook who regularly works around 50 hours a week. He privately contacts the New York State Department of Labor. After learning that he and other cooks are entitled to overtime pay, he discusses it with a coworker. His manager overhears the conversation and terminates John’s employment.
Marjorie requested intermittent FMLA leave due to severe migraines, which was approved. Upon returning from leave, her manager reduced her work hours by nearly half, citing the need for more reliable attendance.
Kristen, a new mother, uses her lunch break to express breast milk, sometimes needing a little extra time. Her boss criticizes her for taking the extra time and notes in her annual evaluation that she often is not available during the workday when he is looking for her.
In these examples, the employees faced adverse actions directly linked to their engagement in protected activities, which constituted illegal retaliation.
If you suspect your employer is retaliating against you, consider taking the following steps:
Talk to Your Supervisor or HR Representative: Ask for explanations for the negative actions. Your employer might have a reasonable explanation for the changes. If not, voice your concern about possible retaliation and ask for the negative actions to stop. Doing so in writing is always best and always keep copies of any documentation.
Document Everything: Keep detailed records of all actions that you believe are retaliatory. Include dates, times, descriptions of the events, and any witnesses.
Get a consult with a law firm that has experienced attorneys who handle retaliation claims.
To prove a strong retaliation case, you need to establish a clear link between your protected activity and the retaliatory behavior. Here’s how you can do it:
Under federal and state laws, employees who experience workplace retaliation can seek various remedies, including:
In New York, the timeframe for filing a retaliation claim depends on the specific law under which the claim is brought:
New York has recently expanded its retaliation protections, making it easier for employees to bring claims. Notable changes include:
If you noticed these changes shortly after engaging in a protected activity, you have a reason to be concerned.
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