Skip to Content
Top
Retaliation Lawyer

Nassau County Retaliation Lawyer

Experienced Lawyers for Employment Claims in Nassau County

Retaliation in the workplace is a serious and illegal act under both federal and state laws. At Phillips & Associates, our Nassau County retaliation lawyers are dedicated to protecting employees who have faced adverse actions after asserting their rights against discrimination, harassment, or other unlawful workplace behaviors. Whether you have been demoted, fired, or subjected to a hostile work environment for speaking up, we are prepared to advocate for you.

Understanding Workplace Retaliation

Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity. Under federal and New York State laws, protected activities include:

  • Filing a complaint about workplace discrimination or harassment with HR, the Equal Employment Opportunity Commission (EEOC), or a court.
  • Participating as a witness in an investigation or lawsuit regarding workplace discrimination or harassment.
  • Requesting reasonable accommodations for a disability or religious observance.
  • Discussing salary information to identify wage disparities.
  • Refusing to engage in actions that would contribute to workplace discrimination or harassment.

Employers cannot lawfully penalize an employee for asserting their rights. However, retaliation remains the most common claim filed with the EEOC, demonstrating its widespread occurrence.

Examples of Retaliation in the Workplace

Retaliation can take many forms, including but not limited to:

  • Termination – Firing an employee for filing a discrimination or harassment complaint.
  • Demotion or Pay Reduction – Lowering an employee’s salary or position due to their involvement in a protected activity.
  • Poor Performance Reviews – Unjustified negative evaluations that could impact career progression.
  • Job Reassignment – Transferring an employee to a less favorable department or shift as punishment.
  • Hostile Work Environment – Creating a work setting that is difficult or unbearable for the employee.

For example, if an employee reports sexual harassment and is subsequently assigned undesirable job duties or faced with unwarranted disciplinary actions, these could be acts of retaliation.

Legal Protections Against Retaliation in Nassau County

Federal Protections

Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act all prohibit retaliation. To establish a federal retaliation claim, an employee must demonstrate:

  • They engaged in a protected activity.
  • They experienced an adverse employment action.
  • There was a causal connection between the protected activity and the adverse action.

Even if an employee’s initial complaint of discrimination or harassment is ultimately not substantiated, they are still protected from retaliation as long as they had a reasonable belief that their rights were being violated.

New York State Human Rights Law

The New York State Human Rights Law offers additional protections, making it unlawful for employers to retaliate against employees who complain about discrimination or harassment. Unlike federal law, New York does not require a significant material change in employment status to establish retaliation. Instead, any action likely to deter a reasonable person from engaging in a protected activity can be grounds for a claim.

Protected characteristics under New York law include race, color, creed, sex, sexual orientation, national origin, marital status, military status, genetic predisposition, and domestic violence victim status. Employers who retaliate against employees exercising their rights under these laws can face significant legal consequences.

Retaliation After a Complaint of Sexual Harassment

Sexual harassment remains a pervasive issue in Nassau County workplaces. Employees who report harassment often fear retaliation, and unfortunately, this fear is justified. Common retaliatory actions after a sexual harassment complaint include:

  • Being excluded from meetings or important communications.
  • Being assigned to less favorable projects or shifts.
  • Experiencing increased scrutiny or micromanagement.
  • Facing sudden and unjustified disciplinary actions.

Title VII and the New York State Human Rights Law both protect employees from such retaliation, even if a court later determines that the underlying harassment claim does not meet the legal definition of sexual harassment. As long as the complaint was made in good faith, the employee is protected from retaliatory actions.

What to Do If You Experience Retaliation in Nassau County

If you believe you are experiencing retaliation at work, take the following steps:

  1. Document Everything – Keep records of communications, performance reviews, job reassignments, and any retaliatory behaviors.
  2. Report the Retaliation – Notify HR or a supervisor in writing, ensuring there is a documented record of your complaint.
  3. Consult an Experienced Attorney – Legal representation is critical to building a strong case and holding employers accountable.

At Phillips & Associates, our skilled employment litigators can assess your case, help you understand your rights, and take legal action against retaliatory employers.

Speak with a Nassau County Retaliation Lawyer Today

If you have been subjected to retaliation in Nassau County, do not hesitate to seek legal help. At Phillips & Associates, we offer free consultations and work on a contingency basis, meaning you pay no upfront fees. Contact us at (866) 229-9441 or fill out our online form to schedule a consultation. Let us fight for your rights and help you secure the justice you deserve.

Discrimination Lawyer Success

MORE THAN $250 MILLION RECOVERED FOR PAST CLIENTS
  • $1.8 Million Race Discrimination

    Won a substantial $1.8 million verdict in the Southern District of New York for John Pardovani, with $800,000 in compensatory damages and $1,000,000 in punitive damages. This result was led by Jesse S. Weinstein and Gregory W. Kirschenbaum.

  • $280 Thousand Race Discrimination

    Secured a pivotal ruling in New York where a federal jury declared that the use of the N-word in the workplace is never acceptable, reinforcing workplace equality and respect.

  • $2.2 Million Race Discrimination & Retaliation

    Secured a landmark $2.2 million verdict in Rosas v. Balter Sales, et al., affirming justice for race discrimination and retaliation in 2015. Led by Greg Kirschenbaum.

  • $1.4 Million Religious & Sexual Orientation Discrimination

    Achieved a groundbreaking $1.4 million verdict in 2012 for a chef facing religious and sexual orientation discrimination, marking the highest employment law verdict of the year. Bryan Arce was instrumental in this win.