Employees have many rights under the law. Those rights include the right to take legal action if they believe they have been harmed by illegal discrimination. Workers have the right to pursue these cases without facing punishment at work. If, however, a suing worker’s employer takes adverse action against them because of the lawsuit, that may constitute retaliation, which is against the law. If you have questions about retaliation law and whether you have been the victim of illegal retaliation, do not hesitate to consult a New York retaliation lawyer about your situation.
A recent case from here in New York City illustrates key points about retaliation law.
The employee, S.R., worked for New York City’s Department of Social Services. In 2022, the woman began working remotely. She said that she had anxiety, osteoporosis, and postherpetic neuralgia, and that working from home would alleviate the symptoms of all three. The city extended S.R.’s telework arrangement several times from 2022 to 2024.
While the woman was working remotely, she sued the city for discrimination. The next time the woman’s telework arrangement was up for consideration and extension, the city declined to extend the arrangement, meaning S.R. would have to return to the office.
Following that decision, the employee added a retaliation claim to her lawsuit.
The city subsequently moved for summary judgment, and some of the employee’s claims did not survive. For example, the woman’s disability discrimination claim under the Rehabilitation Act failed. The law says that worker pursuing this kind of claim must to demonstrate that “(1) her employer is subject to the Rehabilitation Act; (2) she is disabled as defined in the Act; (3) she was ‘otherwise qualified to perform the essential functions of [her] job, with or without reasonable accommodation’; and (4) she suffered adverse employment action because of her disability.”
S.R.’s claim failed because, according to the court, an employer’s “failure to provide a reasonable accommodation isn’t itself an adverse employment action.”
A Winning Retaliation Case Does Not Require a Successful Underlying Claim
The employee’s retaliation claim, however, survived. S.R.’s case is a valuable opportunity to remind readers of a key element of retaliation law. You do not necessarily have to have a winning case on your underlying claim to have a winning retaliation case. For example, say Jane Doe sues her employer for sex discrimination. Shortly thereafter, the employer demoted Jane Doe. Even if no illegal sex discrimination took place, Jane Doe may still have a winning case based on a claim for retaliation (as a result of the demotion)
Under the Rehabilitation Act, the employee must show four things: (1) that she was “engaged in protected activity,” (2) “the alleged retaliator knew that the plaintiff was involved in protected activity,” (3) “an adverse decision or course of action was taken against plaintiff,” and (4) “a causal connection exists between the protected activity and the adverse action.”
S.R.’s case also points out an additional nuance in the law. While the city’s denial of continued remote work was not an adverse action for the purpose of analyzing a disability discrimination claim, it could constitute an adverse action “in the retaliation context.”
Shifting Stories and Causal ConnectionsÂ
Finally, this employee’s case highlights how an employer’s changing story may bolster your retaliation case. In retaliation lawsuits, a causal connection linking your protected activity and the adverse action is essential. In S.R.’s lawsuit, the city had renewed the request several times. On multiple occasions, the woman’s supervisor noted that she “has been working remotely … and continues to manage her staff’s work assignments in a timely manner.” Only after the woman filed her amended complaint in the discrimination lawsuit did the supervisor change his story. For the first time, the supervisor asserted that “there were lots of problems with [S.R.] dropping the ball because of working from home.” This order of events could lead a jury to conclude that the employer’s denial of remote work was punishment for bringing and maintaining her lawsuit.
Do you have questions about retaliation law? Do you believe you have been the victim of this type of illegal employment action? Get in touch with the experienced employment retaliation attorneys at Phillips & Associates, PLLC. Our team is here to help you protect your rights. To find out more, contact us online or call (866) 229-9441 to set up a free and confidential consultation today.