What Is Workplace Retaliation?
Retaliation occurs when an employer punishes an employee for engaging in legally protected activity. Protected activity can include reporting sexual harassment, complaining about discrimination, requesting an accommodation, objecting to wage violations, taking protected leave, supporting a coworker’s complaint, filing an agency charge, or refusing to participate in unlawful conduct.
Retaliation is common in cases involving powerful people. An employee may complain about a CEO, owner, executive, partner, physician, rainmaker, or top salesperson, only to find that the company turns against the employee instead of addressing the problem.
Examples of Protected Activity
Protected activity may include:
- Complaining to HR about sexual harassment.
- Telling a supervisor that racial comments are inappropriate.
- Requesting a disability or religious accommodation.
- Reporting unpaid wages or overtime.
- Taking or requesting FMLA or New York Paid Family Leave.
- Supporting a coworker’s discrimination complaint.
- Reporting misconduct to a regulator or government agency.
- Refusing a supervisor’s sexual advances.
Examples of Retaliation
Retaliation may include:
- Termination or forced resignation.
- Demotion, reduced hours, reduced pay, or loss of bonus opportunities.
- Negative reviews after a complaint.
- Transfer to worse duties or isolation from clients.
- Threats, intimidation, or surveillance.
- Exclusion from meetings or leadership opportunities.
- Discipline for conduct others are allowed to engage in.
- Blacklisting or bad references.
Under federal law, Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006) recognized that retaliation includes actions that might dissuade a reasonable employee from making or supporting a discrimination complaint. New York City law is also broad and must be analyzed under its own liberal standard, as explained in Mihalik v. Credit Agricole Cheuvreux N. Am., Inc..
Laws That May Apply
Retaliation claims may arise under the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107, the New York State Human Rights Law, N.Y. Exec. Law § 296, Title VII, the ADA, the ADEA, the FMLA, the FLSA, the New York Labor Law, New York Labor Law § 740, the NJ LAD, or CEPA, depending on the protected activity.
Related Fingerhut Law Pages
Wrongful Termination, Sexual Harassment, Whistleblower Retaliation, FMLA Retaliation and Interference, Wage Theft.
Contact Fingerhut Law
If your employer punished you after you complained, objected, requested leave or accommodation, or supported another employee, contact Fingerhut Law for a confidential consultation.
Attorney Advertising Disclaimer: This article is attorney advertising and is provided for general informational purposes only. It does not create an attorney-client relationship and is not legal advice. Prior results do not guarantee a similar outcome.