Phillips & Associates

Retaliation After a Complaint of Sexual Harassment

Protect Your Rights from Employment Discrimination in a New York Workplace

It can be challenging both emotionally and professionally to file a sexual harassment complaint against your employer. Companies are not permitted to retaliate against you for a claim or complaint of sexual harassment, but unfortunately some employers do retaliate, either because they do not know the law or do not expect you to complain about the retaliation. The experienced employment discrimination attorneys at Phillips & Associates can help you seek protection from or damages for retaliation after you complain about sexual harassment in a New York workplace.

What Counts as Retaliation?

Retaliation includes firing, demoting, harassing, or taking another adverse action against an employee based on his or her exercise of a protected activity, like opposing sexual harassment or participating in an employment discrimination proceeding. An adverse action is one that would tend to prevent reasonable people from exercising their rights, such as making threats, offering unjustified poor performance evaluations or references, and increasing surveillance on an employee. However, petty slights, snubs, or negative justified comments do not count as adverse actions.

Protected activities can include actions such as complaining about sexual harassment to the Equal Employment Opportunity Commission (EEOC) or assisting with a sexual harassment investigation. It also includes telling your employer you believe that it has engaged in sexual harassment against you, protesting in opposition to sexual harassment against somebody else, complaining about the sexual harassment of another person, and threatening to file a sexual harassment suit. However, actions that interfere with your job performance so that you are ineffective are generally not protected, nor are unlawful activities, such as threatening violence against someone for sexually harassing you.

Federal, state, and local laws protect workers against retaliation after filing a sexual harassment complaint. These protections are built into Title VII, and they stay in place even if the EEOC or the court finds that an employee was not sexually harassed, as long as the employee had a good faith belief that he or she was. It is even illegal for a worker's current employer to retaliate against him or her for pursuing an EEOC claim against a former employer. Although retaliation is illegal, employees are not excused from following legitimate rules of the job because they have opposed sexual harassment.

It is not only the victim of sexual harassment who is protected against retaliation after a complaint of sexual harassment. Individuals with a close association with the person who complained about the illegal conduct are also covered. For example, it is illegal under federal law to terminate an employee because his or her spouse filed a complaint of sexual harassment.

Consult a New York Attorney for Your Sexual Harassment Claim

Claims of retaliation may be woven into discrimination complaints against your employer, or they may form a separate lawsuit. The law recognizes how difficult it is to register a complaint about an employer, especially one of a sensitive nature. The sexual harassment lawyers at Phillips & Associates are aggressive advocates for New York employees who have been retaliated against because they complained, informally or formally, about sexual harassment. Contact us at (212) 248-7431 or through our online form.

PHILLIPS & ASSOCIATES
45 Broadway, #620,
New York NY, 10006
Tel: 212-248-7431
Fax: 212-901-2107

Client Reviews
★★★★★
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.The other associates that assisted Brittany were Yusha Hiraman, Eugenio Benvenuto, Kevin Guaranda and Katerina Housos. They were all professional and answered any questions or concerns that I had. 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
★★★★★
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