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.

PHILLIPS & ASSOCIATES
1129 Northern Boulevard, 4th Floor,
Manhasset, NY 11030
Tel: 516-365-3731
Fax: 212-901-2107
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