
Paternity Leave Retaliation Lawyer in NYC
New fathers in New York have the legal right to request paternity leave to bond with their children. Unfortunately, some employers view men who take leave as “less committed” and punish them with retaliation. This is unlawful.
At Phillips & Associates, we represent fathers who have been fired, demoted, or denied opportunities after requesting paternity leave or when you return from Paternity leave. Retaliation for exercising your legal rights is illegal under both state and federal law.
What Is Paternity Leave Retaliation?
Retaliation occurs when an employer takes negative action against you for asserting your right to paternity leave. Common examples include:
- Being denied promotions or raises after requesting time off
- Negative comments like “real men don’t take leave”
- Being reassigned to less desirable roles or shifts
- Sudden pay cuts, fewer hours, or exclusion from projects
- Termination after returning from leave
Even subtle changes — like being left out of meetings or career opportunities — can qualify as retaliation if they would discourage a reasonable employee from taking leave.
Your Legal Rights as a New Father
Fathers in New York are protected by:
- Family and Medical Leave Act (FMLA) – provides up to 12 weeks of unpaid leave without job loss.
- New York Paid Family Leave law (NYPFL) – offers paid leave benefits for bonding with a new child.
- New York State and New York City Human Rights Laws – prohibit retaliation for requesting or taking leave.
Employers cannot retaliate against you for exercising these rights.
Why Retaliation Against Fathers Happens
Retaliation often stems from stereotypes: that caregiving is a “woman’s role,” or that men who take leave are not serious about their careers. These outdated views not only harm families, they violate the law.
How Phillips & Associates Can Help
Our NYC employment retaliation lawyers can:
- Evaluate whether your employer’s actions meet the legal definition of retaliation
- Gather key evidence such as emails, HR records, or witness statements
- File complaints with the EEOC, NYS Division of Human Rights, or NYC Commission on Human Rights
- Pursue a lawsuit for reinstatement, lost wages, emotional damages, and attorney’s fees
We have recovered over $300 million for victims of workplace discrimination, harassment, and retaliation.
Take Action Today
If you were retaliated against for requesting or taking paternity leave, you don’t have to face it alone.
Contact Phillips & Associates today for a free, confidential consultation. You pay no attorney’s fees unless we win your case.
FAQ Section
Q1: Can fathers be retaliated against for taking paternity leave in New York?
Yes. Employers cannot legally punish you for exercising your right to paternity leave. Retaliation may include termination, demotion, or reduced hours.
Q2: What does paternity leave retaliation look like?
Common examples include being denied promotions, excluded from projects, reassigned to undesirable tasks, or fired after returning from leave.
Q3: What laws protect fathers in New York?
The FMLA, New York Paid Family Leave law, and the New York City Human Rights Law all protect fathers from retaliation after requesting paternity leave.
Q4: Can I sue my employer for retaliation after paternity leave?
Yes. You may be entitled to compensation including reinstatement, back pay, and damages for emotional distress.

We Get Results
MORE THAN $300 MILLION RECOVERED FOR PAST CLIENTS
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$3.375 Million Sexual Harassment
Represented two employees of a large healthcare company operating across the Northeast in a matter involving allegations of severe and persistent sexual harassment.
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$3 Million Gender Discrimination & Sexual Harassment
Client alleged retaliation and emotional distress after reporting concerns.
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$2.2 Million Race Discrimination & Retaliation
Secured a landmark $2.2 million verdict in Rosas v. Balter Sales, et al., affirming justice for race discrimination and retaliation in 2015. Led by Greg Kirschenbaum.
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$2 Million Sexual Harassment
Represented a senior attorney at a major law firm in a matter involving allegations of quid pro quo sexual harassment and retaliation, resulting in reputational harm and career derailment.
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$1.8 Million Race Discrimination
Won a substantial $1.8 million verdict in the Southern District of New York for John Pardovani, with $800,000 in compensatory damages and $1,000,000 in punitive damages. This result was led by Jesse S. Weinstein and Gregory W. Kirschenbaum.