Filing a discrimination complaint at work takes courage. Many people worry that speaking up will cost them their job or damage their reputation. If you’re concerned about retaliation after reporting discrimination in New York, you’re not alone—and you’re not without protection.
What Retaliation Looks Like
Retaliation can take many forms, but it often involves a change in how you’re treated after filing a complaint. Some workers are fired outright. Others might suddenly be demoted, assigned worse shifts, denied promotions, or subjected to negative performance reviews that come out of nowhere. These actions—if linked to your complaint—can be considered unlawful retaliation.
Sometimes retaliation is subtle, like being excluded from meetings or being micromanaged after years of independence. The key question is whether your employer took negative action against you because you exercised your right to report discrimination.
Your Legal Protections
Both federal and New York laws protect employees from retaliation. Under Title VII of the Civil Rights Act and the New York State Human Rights Law, it is illegal for an employer to punish you for filing a discrimination complaint, participating in an investigation, or standing up for your rights in the workplace.
In Westchester County and throughout New York, these laws apply whether your complaint was internal (such as to HR) or filed with a government agency like the EEOC or the New York State Division of Human Rights. Even if the underlying discrimination claim is dismissed, retaliating against you for making that complaint is still unlawful.
How to Prove Retaliation
To show you’ve been retaliated against, you’ll need to demonstrate a connection between your complaint and your employer’s actions. The most common signs include:
- Timing: If negative actions began shortly after your complaint, this may support your case.
- Documentation: Keep records of emails, write-ups, and any communication related to your complaint and changes in your treatment.
- Witness support: Coworkers who saw how you were treated before and after the complaint can help confirm the shift.
The more documentation you have, the easier it is to build a strong case.
Next Steps After Retaliation
If you believe your employer retaliated against you after a discrimination complaint, you should speak with an experienced employment attorney as soon as possible. You may be entitled to damages, reinstatement, or other legal remedies. An attorney can help you gather evidence, file a complaint with the appropriate agency, and fight for your rights.
FAQs
Is it legal to be fired after filing a complaint?
No. Terminating an employee in retaliation for filing a discrimination complaint is illegal under both federal and state law.
What if my employer claims poor performance?
Employers may try to justify termination with claims of poor performance, but if those claims suddenly arise after your complaint—and there’s no prior history—they may be a cover for retaliation.
How do I prove it was retaliation?
Proof often comes from timing, patterns of behavior, internal communications, and witness testimony. An attorney can help you gather and present this evidence effectively.
If you’re facing retaliation after speaking up, Gash & Associates, P.C. in White Plains is here to help. Call us at (914) 328-8800 to protect your rights.
