Nassau County Retaliation Lawyer

Experienced Lawyers for Employment Claims in Nassau County

Retaliation in the workplace is a serious and illegal act under both federal and state laws. At Phillips & Associates, our Nassau County retaliation lawyers are dedicated to protecting employees who have faced adverse actions after asserting their rights against discrimination, harassment, or other unlawful workplace behaviors. Whether you have been demoted, fired, or subjected to a hostile work environment for speaking up, we are prepared to advocate for you.

Understanding Workplace Retaliation

Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity. Under federal and New York State laws, protected activities include:

• Filing a complaint about workplace discrimination or harassment with HR, the Equal Employment Opportunity Commission (EEOC), or a court.
• Participating as a witness in an investigation or lawsuit regarding workplace discrimination or harassment.
• Requesting reasonable accommodations for a disability or religious observance.
• Discussing salary information to identify wage disparities.
• Refusing to engage in actions that would contribute to workplace discrimination or harassment.

Employers cannot lawfully penalize an employee for asserting their rights. However, retaliation remains the most common claim filed with the EEOC, demonstrating its widespread occurrence.

Examples of Retaliation in the Workplace

Retaliation can take many forms, including but not limited to:

• Termination – Firing an employee for filing a discrimination or harassment complaint.
• Demotion or Pay Reduction – Lowering an employee’s salary or position due to their involvement in a protected activity.
• Poor Performance Reviews – Unjustified negative evaluations that could impact career progression.
• Job Reassignment – Transferring an employee to a less favorable department or shift as punishment.
• Hostile Work Environment – Creating a work setting that is difficult or unbearable for the employee.

For example, if an employee reports sexual harassment and is subsequently assigned undesirable job duties or faced with unwarranted disciplinary actions, these could be acts of retaliation.

Legal Protections Against Retaliation in Nassau County

Federal Protections

Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act all prohibit retaliation. To establish a federal retaliation claim, an employee must demonstrate:

• They engaged in a protected activity.
• They experienced an adverse employment action.
• There was a causal connection between the protected activity and the adverse action.

Even if an employee’s initial complaint of discrimination or harassment is ultimately not substantiated, they are still protected from retaliation as long as they had a reasonable belief that their rights were being violated.

New York State Human Rights Law

The New York State Human Rights Law offers additional protections, making it unlawful for employers to retaliate against employees who complain about discrimination or harassment. Unlike federal law, New York does not require a significant material change in employment status to establish retaliation. Instead, any action likely to deter a reasonable person from engaging in a protected activity can be grounds for a claim.

Protected characteristics under New York law include race, color, creed, sex, sexual orientation, national origin, marital status, military status, genetic predisposition, and domestic violence victim status. Employers who retaliate against employees exercising their rights under these laws can face significant legal consequences.