Reporting sexual harassment or workplace discrimination is a courageous step toward protecting your rights and creating a safer workplace. Unfortunately, some employers respond not by fixing the problem, but by punishing the employee who spoke up. This is called retaliation—and under federal, New York State, and New York City laws, retaliation is illegal.
If you have experienced retaliation, the employment lawyers at Phillips & Associates can help you fight back and protect your career.
What Is Workplace Retaliation?
Retaliation happens when your employer takes negative action against you for reporting harassment, discrimination, or asserting your legal rights. It can occur after you file a complaint, participate in an investigation, or even support a coworker who speaks up.
Common examples of retaliation include:
- Being fired or demoted
- Pay cuts or reduced hours
- Reassignment to less desirable shifts or tasks
- Negative performance evaluations that aren’t supported by facts
- Being excluded from meetings, training, or promotion opportunities
- Suddenly placed under excessive scrutiny or hostility
Even subtle actions—such as changes in your schedule, sudden reassignment, or being iced out socially—can qualify as retaliation if they would discourage a reasonable person from speaking up.
Retaliation Is Illegal Under State and Federal Law
Laws such as Title VII of the Civil Rights Act, the New York State Human Rights Law, and the New York City Human Rights Law prohibit retaliation. These protections cover workers who report:
- Sexual Harassment – including harassment of both women and men
- Racial Discrimination – protection against retaliation after reporting race-based harassment or bias
- Pregnancy & Paternity Discrimination – including retaliation for requesting maternity or paternity leave
- Disability Discrimination – retaliation tied to FMLA or ADA rights
- Employment Discrimination based on gender, sexual orientation, or religion
By law, you cannot be punished for raising concerns about these issues. Unfortunately, retaliation remains one of the most common complaints filed with the EEOC and the New York City Commission on Human Rights.
How to Prove a Retaliation Claim
To establish a retaliation claim, three elements usually must be shown:
- Protected Activity – You complained about harassment, filed a charge, requested family or medical leave (including paternity leave), or supported another employee’s complaint.
- Adverse Action – Your employer took a negative action against you, such as termination, demotion, or exclusion.
- Causation – There is a connection between your complaint and the employer’s adverse action. This may be shown through suspicious timing, inconsistent explanations, or direct statements from management.
Evidence may include emails, text messages, performance reviews, witness testimony, and a clear timeline of events.
Why Retaliation Can Happen in Different Contexts
Although most people think of retaliation in the context of sexual harassment, it also occurs when employees report:
- Racial harassment (e.g., racist jokes or slurs)
- Pregnancy discrimination (e.g., being denied maternity or paternity leave)
- Medical leave requests (e.g., punished for taking time off for treatment)
- Pay inequity or wage violations
Men as Victims: Sexual harassment is not limited to women. Male employees may be targeted by supervisors, coworkers, or clients, and when they report misconduct, they sometimes face ridicule, disbelief, or even retaliation. If you are a man who has been harassed at work, learn more about your rights on our Male Sexual Harassment page.
Fathers also face unique challenges. Men who request or take paternity leave are sometimes punished with demotions, reduced hours, or terminations. Retaliating against fathers for exercising their rights is unlawful.
Retaliation cuts across all forms of workplace discrimination. That’s why it’s critical to have a law firm that understands not only sexual harassment cases but also the broader spectrum of retaliation claims.
How Phillips & Associates Can Help
At Phillips & Associates, our experienced employment retaliation lawyers in NYC will:
- Review your case to determine whether your employer’s actions meet the legal definition of retaliation
- Collect and preserve key evidence, including emails, witness testimony, and performance records
- File complaints with the EEOC, the New York State Division of Human Rights, or the NYC Commission on Human Rights
- Pursue a lawsuit in court if necessary
- Fight for remedies such as reinstatement, back pay, emotional distress damages, and policy changes at your workplace
We have recovered over $300 million for victims of harassment, discrimination, and retaliation, and we are committed to protecting employees from unlawful workplace conduct.
Take Action Today
If you believe your employer retaliated against you for reporting sexual harassment, discrimination, or requesting maternity or paternity leave, you don’t have to face it alone.
The retaliation attorneys at Phillips & Associates can guide you through every step of the process. We offer a free, confidential consultation and no attorney’s fees unless we recover compensation for you.
Contact us today to discuss your case.
Retaliation FAQ (NYC & NYS)
Q1: What counts as workplace retaliation in New York?
Retaliation includes termination, demotion, pay cuts, loss of hours, negative reviews, or hostile treatment after reporting harassment or discrimination.
Q2: Do I need to be fired to have a retaliation claim?
No. Even reduced hours, worse shifts, or sudden exclusion from opportunities can qualify as retaliation if they would discourage a reasonable employee from speaking up.
Q3: Can men be retaliated against for reporting sexual harassment?
Yes. Male employees are protected under the same laws as women. Learn more on our Male Sexual Harassment page.
Q4: Is it illegal to punish fathers for taking or requesting paternity leave?
Yes. Retaliation tied to paternity leave is unlawful under FMLA, New York Paid Family Leave, and NYC Human Rights Laws.