Filing a sexual harassment complaint is a protected right, but many employees are punished by their employers for speaking up. The retaliation can be subtle or extreme, including changes in job responsibilities or even being fired. Retaliation is illegal under federal and New York state laws.
Our guide explains how to recognize retaliation, understand your legal protections, and take steps to protect your career and rights.
Introduction to Workplace Retaliation
Workplace retaliation happens when an employer takes harmful action against an employee for filing a sexual harassment complaint. This includes any negative treatment after you exercise your legal right to report harassment, whether with your company or to a government agency.
There are several laws that provide multiple layers of protection for employees against retaliation. At the federal level, Title VII of the Civil Rights Act makes it illegal for employers to retaliate against employees who report sexual harassment.
The New York State Human Rights Law provides even stronger protections than federal law by covering all employers regardless of size. New York City residents have additional protection under the New York City Human Rights Law.
These laws allow employees to report sexual harassment without fear of punishment. They cover all types of retaliation, even if the harassment complaint is not ultimately proven. Protection applies even if you only made an informal complaint or acted as a witness in someone else’s case.
What Counts as Retaliation?
Reporting workplace sexual harassment is protected activity. Any adverse employment action after filing a sexual harassment claim could be considered retaliation.
Direct retaliation includes:
- Being fired or forced to quit
- Demotion or denial of promotion
- Having your pay, hours, or benefits reduced
- Transfer to less desirable positions
- Negative performance reviews that don’t reflect actual work quality
- Losing training or development opportunities that were previously promised
Indirect retaliation includes:
- Spreading false rumors or damaging your professional reputation
- Social isolation or encouraging others to avoid you
- Selective enforcement of policies against you
- Giving bad references to potential employers
- Changing your schedule to conflict with known personal obligations
- Denying routine requests that are granted to others
Changes in workplace environment include:
- Increased monitoring or criticism of your work
- Being left out of important meetings or projects
- Losing key job responsibilities
- Having resources needed to do your job taken away
- Creating hostile work environment to force you to quit
These actions can hurt your career and financial future. If any of these things happen after reporting sexual harassment or opposing quid pro quo harassment, document everything and consider speaking with an employment attorney to protect your rights.
Legal Frameworks Protecting Employees
Here’s what you need to know about the laws protecting you from workplace retaliation in New York State.
- Title VII of the Civil Rights Act of 1964: This federal law is the foundation for workplace harassment and retaliation protections across the United States. It applies to employers with 15 or more employees and prohibits retaliation against workers who report sexual harassment. The law enables victims to file complaints with the Equal Employment Opportunity Commission (EEOC) and take legal action, if necessary.
- New York State Human Rights Law: This state law provides broader protections than federal law and covers all employers regardless of size. It extends the statute of limitations to three years for filing sexual harassment complaints and related retaliation claims.
- New York City Human Rights Law: NYC’s local law is often considered one of the most protective anti-discrimination laws in the country. It provides extensive protection against retaliation and applies to all employers with four or more employees in New York City. The law allows for punitive damages and doesn’t cap compensation for emotional distress.
Proving Workplace Retaliation
To win a retaliation claim, you must show a clear connection between your sexual harassment complaint and the negative actions that followed. Understanding how to prove this link is crucial for your case.
First, you need to show that you engaged in protected activity by reporting sexual harassment and that your employer knew about i. Then, track the timing between your complaint and any adverse employment actions.
To prove retaliation, you need to show that your your sexual harassment claim influenced your employer’s decision to act against you. You don’t need direct proof, but you need enough circumstantial evidence to strongly suggest that retaliation happened.
Strong evidence includes:
- Timeline of events that shows your complaint and negative actions that followed.
- Records of positive performance reviews before your complaint and negative evaluations after.
- Witness statements from coworkers who saw the changes in how you were treated.
- Proof that other employees who didn’t file complaints were treated better.
Employee Rights and Protections
Every employee has fundamental rights when reporting workplace discrimination and harassment. Here’s what you’re legally entitled to do.
- Right to file a complaint: You can report sexual harassment to your employer or government agencies without fear of punishment..
- Protected workplace activities: You’re also protected when participating in sexual harassment investigations, acting as a witness, supporting coworkers’ complaints, or refusing to follow orders that would result in discrimination.
- Whistleblower protections: If the sexual harassment that violates laws or public policy, you receive additional protections under whistleblower laws.
- Legal safeguards during proceedings: During investigations or legal proceedings, you have the right to keep your information confidential, access your personnel files, and talk to investigators without interference. Your employer cannot destroy evidence, pressure you to drop your complaint, or retaliate against you for cooperating with investigations.
- Documentation rights: You have the right to collect evidence, document harassment or retaliation, and keep copies of relevant employment records. Your employer cannot stop you from doing this or punish you for it.
What to Do If You Face Retaliation
If you suspect retaliation after reporting sexual harassment, take these steps to protect your rights and strengthen your case.
- Document immediately: Start keeping a detailed record of all retaliatory actions as soon as they happen. Write down dates, times, locations, and names of anyone involved or present. Note any changes in your work conditions and how they differ from before you filed the harassment complaint.
- Save communication: Keep copies of emails, text messages, memos, and performance reviews. Store them outside of work devices. Take screenshots and forward emails to a personal account.
- Internal reporting procedures: Follow your company’s process for reporting retaliation. Submit your complaint in writing to human resources (HR) or a manager. Keep copies of all reports you file and any responses you receive. Make sure to note who you reported to and when, even if the response was verbal.
- File a complaint with the government : You can report retaliation to agencies like the EEOC, New York State Division of Human Rights, or NYC Commission on Human Rights. Be aware of filing deadlines, which vary by agency. Your complaint should clearly connect the retaliatory actions to your sexual harassment report.
- Get legal advice: Consider talking to a retaliation lawyer before filing administrative complaints.
Legal Remedies and Compensation
If you successfully prove retaliation after reporting sexual harassment, you may be entitled to different types of compensation under federal and New York laws.
The most common remedy is recovering lost wages, which includes both back pay for earnings lost since the retaliatory action and front pay for future lost earnings if returning to your job isn’t possible. You might also be reinstated to your position, depending on the situation.
You may receive compensation for emotional distress, also known as compensatory damages. It covers the psychological impact of retaliation, including anxiety, depression, stress, and other mental health effects. In New York, there’s no limit on these damages, allowing for significant compensation based on the severity of your suffering.
Punitive damages may be awarded in cases where the employer’s actions were extremely harmful or showed reckless disregard for your rights. These are meant to punish the employer and prevent similar behavior in the future.
What to Expect During an initial Consultation with New York Lawyer For Retaliation After a Sexual Harassment Complaint
- Case evaluation
- Detailed review of your sexual harassment complaint
- Review of the retaliation laws and the case
- Assessment of whether wrongful termination or other adverse actions happened
- Timeline analysis connecting protected activities to retaliatory actions
- Evaluation of evidence and documentation
- Legal strategy discussion
- Explanation of applicable employment discrimination laws
- Options for administrative complaints versus direct litigation
- Potential outcomes and remedies available in your case
- Documentation review
- Analysis of workplace communications and records
- Review of performance evaluations before and after complaint
- Assessment of internal complaint documents
- Financial considerations
- Discussion of attorneys’ fees and payment structures
- Explanation of contingency fee arrangements, if applicable
- Overview of potential litigation costs
- Explanation of recoverable damages
- Next steps planning
- A clear outline of immediate actions to protect your rights
- Timeline for filing administrative complaints
- Expectations for the legal process ahead
Contact a New York Lawyer For Retaliation After a Sexual Harassment Complaint Today
Ottinger Employment Law has been protecting employees’ rights in New York against workplace and employment retaliation and sexual harassment. Our experienced employment retaliation attorneys know how to build strong cases by connecting protected activities to retaliatory actions, while providing compassionate support throughout the legal process.
Contact us today to discuss your case and learn how we can help protect your rights.
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