RETALIATION

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The laws prohibit punishing or retaliating against a job applicant or employee for making complaints, participating in, or refusing to engage in discrimination. Retaliation can range from termination to denial of a promotion, an unwanted transfer, an undesirable change in work assignments, or some other adverse action that would deter an employee from reporting or complaining about employer misconduct.

The Law

  • Title VII of the Civil Rights Act of 1964, Family and Medical Leave Act (FMLA), the NYS Human Rights Law and NYC Human Rights Law, among others, prohibit retaliation against an employee or applicant for complaining about discrimination or participating in an investigatory process to uncover discrimination.

Protected Individuals

  • The law protects employees from retaliation.

Potential Violators

  • The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

What The Law Protects

  • Conduct protected from retaliation can include speaking to a superior, filing a complaint with Human Resources, filing a charge with the Equal Employment Opportunity Commission, participating in an investigation or related legal proceeding, or any other type of conduct opposing discrimination.
  • Employers cannot retaliate against an employee who refuses to follow orders that would result in discrimination
  • Employers cannot retaliate against an employee who inquiries about a manager or co-workers salary to uncover potentially discriminatory wages.