Phillips & Associates

Nassau County Retaliation

Experienced Lawyers for Employment Claims in Nassau County

Nassau County has a predominantly white population, with the largest minority group identifying as Hispanic. About 11% of Nassau County's residents identify as Black, and only 8% identify as Asian, although this population is growing. According to the Equal Employment Opportunity Commission, retaliation is the most common finding in federal discrimination cases. It is also the most frequently alleged basis of a federal discrimination lawsuit. Retaliation is prohibited under both federal and state anti-discrimination laws. At Phillips & Associates, our Nassau County retaliation lawyers are ready to provide strong legal representation if you have been subjected to retaliation for complaining of discrimination or harassment at your job.

Holding an Employer Accountable for Retaliation

Laws enforced by the EEOC prohibit taking adverse steps against a job applicant or employee who asserts their right to be free from being subjected to discrimination or harassment in the workplace. Asserting your rights under laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and other anti-discrimination laws is considered protected activity.

Retaliatory acts are any adverse steps taken because you engaged in a protected activity. For example, it could be retaliation to be terminated for engaging in a protected activity. Similarly, it could be retaliation if you are given a performance evaluation that is lower than it should be or if you are transferred to a less desirable department as a result of engaging in a protected activity. It would probably be retaliation if your supervisor or employer purposefully makes changes to your job to make it harder, such as intentionally altering your schedule to conflict with your ability to secure childcare for your kids. Our retaliation attorneys can advise Nassau County residents on whether their rights have been infringed.

What does it mean to assert your rights? You would be asserting your rights if you file an EEOC charge related to sexual harassment, for example. You would also be asserting your rights if you talk to your supervisor about issues that you have with a severance agreement and a belief that your rights under the ADEA as a 65-year-old employee are being violated.

It would also be a protected activity to refuse to follow orders that would amount to harassment of a coworker. The same is true if you are asking for a reasonable accommodation for a disability. Asking your manager for a schedule shift as a reasonable accommodation for a Muslim holiday would also be a protected activity. You are also protected if you ask a manager about salary information in an effort to determine if wages are discriminatory. Whenever you participate in a complaint process, whether as the person complaining or as a witness for someone who is complaining, you are protected from retaliation under anti-discrimination laws.

What if it turns out that a judge disagrees about whether or not there was discrimination or harassment? You are still protected from retaliation as long as you were acting on the reasonable belief that the actions at issue might violate anti-discrimination laws.

To prove your retaliation claim under federal law, your Nassau County retaliation attorney will need to show that you were involved in protected activities, and you faced an adverse employment action because of the protected activities.

State Law

The New York State Human Rights Law also prohibits retaliation. The general rule in New York is that employment is at-will. However, there are exceptions, and one of them is that your employer cannot fire you in retaliation for exercising your right to engage in protected activity, such as complaining about illegal discrimination or harassment. There are several protected characteristics under the New York State Human Rights Law, including race, color, creed, sex, sexual orientation, national origin, marital status, military status, predisposing genetic characteristics, and domestic violence victim status.

If you file a complaint because you in good faith believe that you have suffered from discrimination based on one or more of these characteristics, and your employer tries to punish you for it by terminating you, demoting you, or taking some other adverse action, you should consult an experienced employment litigator.

Seek Representation by a Retaliation Lawyer in Nassau County

At Phillips & Associates, our experienced attorneys can evaluate your situation to determine whether you have a basis to sue for retaliation and represent you in this claim as well as in an underlying discrimination or harassment action. Call us at (516) 365-3731 or contact us online. We offer a free consultation to prospective clients, and we work on a contingency basis, so you do not need to pay upfront fees.

585 Stewart Ave #330
Garden City, NY 11530
Tel: 516-365-3731
Fax: 212-901-2107
Client Reviews
I was a client with this law firm. I can't stress enough how awesome and professional the people are here. Silvia & Erica made me feel so comfortable and welcome. I never had to guess anything. Anytime I call, emailed, or even texted. They were always there. If not they would get back to me as soon as possible. My case was not an easy situation for me but I tell you these guys made it seem like it was. I'm so glad that I use Phillip & Phillip. I thank you guys from the bottom of my heart. I am so grateful to have met such awesome, honest, and caring people. Thank you again. Djuana
I highly recommend Parisis (Gerry) Fillippatos with Phillips & Associates to represent you for employment related matters. He and his team were professional, attentive to every detail and brilliant at identifying the legal grounds to win the case. Parisis's communication and delivery were highly articulate and precise. He is personable and makes you feel comfortable in the maze of legal jargon. Finally, his confidence, perseverance and masterful negotiation skills deliver the win. Anonymous
I had an excellent experience with this team! Thanks, Marjorie, Brittany, and Candy for your great support and prompt answers to all my questions. I highly recommend this firm. This team works very hard and I am extremely happy with the results. Ana
They were articulate, compassionate, persistent, and they wrote superbly. I felt as if they were truly in my corner, and I have recommended them to others. Susan
Mr. Phillips' law firm is dedicated to providing excellent service. Your case is explained step by step. All questions and concerns are addressed promptly and accurately. I am extremely satisfied and highly recommend Mr. Phillips. Ingrit