Daily News
New York Post
Page Six
The Wall Street Journal
Fox News

Protections Against Retaliation Under the New York City Human Rights Act

Wrongful Termination Lawyers Assisting New York City Residents

Federal, state, and local laws prohibit certain types of discrimination, harassment, and retaliation in New York workplaces. In New York City, the New York City Commission on Human Rights protects workers from employment-based discrimination based on a broader range of protected classes than federal law does. These protected classes include race, color, national origin, age, religion, gender, gender identity, disability, pregnancy, sexual orientation, marital and partnership status, alienage, status as a victim of domestic or sexual violence, status as a victim of stalking, unemployment status, criminal record, caregiver status, and credit history. If you file a complaint with your employer about discrimination or harassment related to any of these protected classes, you are likely protected against retaliation under the New York City Human Rights Law, which applies to companies and organizations with four or more employees. The New York City retaliation attorneys at Phillips & Associates can guide you through the legal process if your employer has violated your rights.

Protections Against Retaliation Under the New York City Human Rights Act

Many employees are rightly concerned that if they complain about working conditions, their employers may punish them. However, when a New York City employer takes an adverse action against an employee due to the employee's protected activity, it is considered retaliation, which is prohibited by the New York City Human Rights Law.

To establish employer retaliation under the New York City Human Rights Law, you will need to prove that you participated in a protected activity, that the defendant knew about your participation, that the defendant took an employment action against you that adversely affected you in some way, and that there was a causal nexus between the protected activity in which you engaged and the adverse employment action. Protected activities include complaining about discrimination or harassment based on membership in a protected class. Also protected is participation in an investigation or proceeding related to a complaint of discrimination or harassment.

In some cases, it is difficult for workers to prove that they were retaliated against, and the EEOC or a court may disagree with their interpretation of events. However, you are protected against workplace retaliation as long as you have a reasonable, good-faith belief that your employer's conduct was illegal, even if the EEOC or the court would find that you were wrong. It can be difficult to know whether you are being retaliated against. Employers usually try to justify an adverse employment action (such as termination, failure to promote, or reduction in pay) on the basis of an employee's poor performance or some other legitimate reason. However, an experienced employment litigator can help investigate the facts of your case and frame it in the most favorable light for a jury to decide in your favor. Moreover, in interpreting the New York City Human Rights Act, courts have held that any actions that are reasonably likely to deter someone from engaging in a protected activity can constitute retaliation. A court cannot deem specific actions non-retaliatory unless it determines that a jury could not reasonably conclude from the evidence that the conduct was reasonably likely to stop someone from engaging in the protected activity.

Contact a Retaliation Attorney in New York City

The New York City retaliation lawyers at Phillips & Associates offer victims of employment discrimination tenacious and experienced legal representation. We can represent you in your discrimination or harassment claim, and we can provide advice about protections against retaliation under the New York City Human Rights Act. Call us at (833) 529-3476 or use our online form to set up a free consultation with a wrongful termination attorney. We help victims of discrimination throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island and Westchester.

What Our Clients Say?
"Phillips & Associates did a wonderful job. I would recommend Brittany Stevens." Angel
"Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone." Margaret
"Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done." Massimo
"Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues." Karen
AVVO Clients Choice Award 2012
10 Best 2017
Million Dollar Advocates Forum
Lawyers of Distiction 2018
Super Lawyers
New York County Lawyers Association