White Plains Retaliation Discrimination Lawyers
There are a number of federal and New York state laws that protect employees and job applicants from discrimination. This means that an employer cannot fire, refuse to hire, or discipline someone based on certain characteristics such as their race, gender, or national origin. Yet while the existence of anti-discrimination laws is well-known, many workers are still hesitant to step forward with allegations or evidence of discrimination because they fear retaliation from their employer.
Just as it is illegal to discriminate against someone in employment, it is also against the law to take any retaliatory action against someone who exercises their legal right to complain about discrimination. At Carey & Associates, P.C., our White Plains retaliation discrimination lawyers can advise you of your rights in this area. Our team can represent you in taking formal legal action against an employer who has fired, demoted, harassed, or otherwise subjected you to unfavorable treatment because you stepped forward to report possible acts of illegal workplace discrimination. You do not have to put up with such abuse, and we can help you to put a stop to such retaliation discrimination.
What Are the Signs of Illegal Retaliation in New York?
Title VII of the Civil Rights Act of 1964 is the primary federal law protecting workers against discrimination in the workplace. Title VII prohibits retaliation against an employee who opposes or has made a charge of unlawful discrimination. This protection does not just cover the employees who may have been the direct victims of workplace discrimination. An employer may not retaliate against any employee or job applicant who engages in the following conduct:
- filing a charge of unlawful discrimination on behalf of someone else;
- serving as a witness in an unlawful discrimination lawsuit;
- testifying in any government investigation of possible unlawful discrimination;
- refusing to follow any order issued by the employer, or one of their supervisors, directing an employee to participate in an act of illegal discrimination;
- intervening to protect others from illegal discrimination;
- requesting a reasonable accommodation for a disability or a personal religious practice; or
- discussing salary or other terms of compensation with co-workers as part of an effort to discover possible illegal discrimination in pay.
An employer can never engage in a retaliatory act against an employee who participates in a formal complaint process, such as filing a lawsuit or a discrimination charge with the U.S. Equal Employment Opportunity Commission. In other circumstances, an employee is only protected so long as they were acting on a “reasonable belief” that their employer was violating the law.
As far as what kinds of conduct qualify as discrimination retaliation, an employer cannot do any of the following as a result of an employee or job applicant engaging in a legally protected activity:
- terminate the employee or refuse to hire a job applicant;
- demote or transfer an employee to a less-desirable or lower-paying position;
- formally reprimand the employee;
- give the employee a bad performance evaluation;
- subject the employee to harassment or physical abuse;
- threaten to report the employee to U.S. immigration authorities or any other law enforcement organization;
- retaliate against an employee’s spouse or family member; or
- change the conditions of the employee’s job as punishment.
It is important to note, however, that even when an employee has engaged in protected activity in reporting or testifying about discrimination, the employer can still argue that the employee was fired or disciplined for non-retaliatory and non-discriminatory reasons. But the employer has the burden of proving they acted properly. And an employer cannot use the pretext of justifiable discipline to discourage or dissuade other employees from reporting illegal activities in the future.
Call Carey & Associates Today
If you suspect that you have been the victim of workplace retaliation, it is important not to remain quiet and hope things “just blow over.” It is important to stand up for your rights under the law. Our experienced White Plains retaliation discrimination lawyers can help you in building a strong case against your employer.
At Carey & Associates, P.C., we have the legal knowledge and experience to help you prove retaliation. Most employers are not so careless as to publicly admit they fired you for filing a discrimination lawsuit. Retaliation often takes more subtle forms. That is why it is important to speak with an attorney the moment you suspect something is off in how you are treated at work. So if you need to speak with a qualified New York employment law attorney, call us today at (914) 705-5427 or contact us online to schedule a confidential consultation.
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Mark and his team at Carey & Associates are incredibly knowledgeable about Employment Law and have walked me through every step of the way. Their approach and guidance has been extremely effective in dealing with my case. They instill a sense of confidence by laying out the facts, caselaw, and risk assessment to help make well informed decisions. I would highly recommend them to anyone looking for an Employment Attorney.
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