If employers were free to retaliate against employees who exercise the rights guaranteed by law, then, as most famously written by Charles Dickens in Oliver Twist, the law is an ass.
Fortunately, that is not the case.
Discrimination Laws Prohibit Retaliation
Both the federal and New York State employment discrimination laws prohibit discrimination or retaliation against an individual who:
- Complains to management or human resources about discrimination or harassment
- Files a formal complaint with the New York State Division of Human Rights or the U.S. Equal Employment Opportunity Commission (EEOC)
- Acts as a witness in an investigation or case of discrimination; or
- Requests a reasonable accommodation of a disability or religious belief/practice.
Other Laws Prohibit Retaliation
Other laws prohibit discrimination or retaliation against individuals who:
- File a claim for Workers’ Compensation benefits
- Complain about minimum wage violations, unpaid wages or overtime
- Complain about Unsafe working conditions
- Complain about unlawful activity that creates a danger to the public, or which constitutes health care fraud
- Complain about improper patient care in a hospital, nursing home or school
- Attempt to unionize workers
- Request or take leave under the Family and Medical Leave Act (FMLA)
- Refuse to take a polygraph (lie detector) test
- Report that a non-profit corporation’s conduct is illegal, fraudulent or in violation of any adopted policy of the corporation
- Provide information about activities of a publicly traded company that violate SEC rules or involves shareholder fraud
Retaliation can often be blatant – for example firing an employee because they complain about discrimination or unpaid overtime. However, retaliation can also be subtle; often taking the form of harassment, unjustified write-ups, evaluations or scrutiny, pay-cuts, denial of overtime, alienation, or assignment to undesirable tasks or locations.
Long Island New York Retaliation Lawyer
If you have been the victim of Retaliation, call or contact us online immediately for a FREE consultation.
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