Fear of retaliation is the #1 reason employees suffer sexual harassment in silence. Especially when dealing with supervisor harassment in New York City, harassed employees don’t want to lose their jobs, suffer a demotion, or make a situation worse by filing a claim against someone else for harassment. Most workers know there are laws in place protecting them from sexual harassment, but they don’t realize that there are also laws protecting them from retaliation. If you or someone you know is facing sexual harassment at work, don’t let fear of negative consequence stop you from speaking out. Hiring a New York City workplace retaliation lawyer can help protect those rights.
What Is Retaliation in New York City?
Retaliation refers to any type of punishment an employee faces for engaging in an activity that the law protects. For example, Title VII of the Civil Rights Act states that an employee has the right to file a claim or complaint about an employer who’s offensive or abusive, nationwide. If a worker was within his rights to file the claim and the employer cut his hours because of it, this is retaliation.
Retaliation can be obvious, such as a negative job action that affects the victim. This can include demotion, termination, salary reduction, disciplinary actions, or shift reassignment. However, retaliation in the New York City workplace can also be subtle, such as a supervisor ignoring you in employee meetings or leaving you out of workplace activities. The courts can view any negative action or conduct you experience because of reporting sexual harassment as retaliation.
What Does the Law Say About Retaliation?
There are multiple laws that protect your rights as a harassed employee in New York City. Title VII expressly prohibits retaliation when employees complain about sexual harassment or discrimination. This includes internal complaints to a department within the company as well as external complaints to agencies such as the Equal Employment Opportunity Commission (EEOC) or to an attorney. Even if an investigation shows the claim is unfounded, the employer can’t retaliate.
If an employee faces a hostile or uncomfortable work environment because of sexual harassment, he or she can file a complaint with whomever he or she wishes without fear of negative actions. If an employee doesn’t feel safe speaking with someone in the workplace, he or she can go directly to the Equal Employment Opportunity Commission district office in NYC or contact a New York City workplace retaliation lawyer for legal advice.
Retaliation laws protect employees who come forward about sexual harassment as well as anyone involved in a discrimination proceeding or opposing discrimination. Any covered individual who suffers an adverse action due to his or her fight against sexual harassment is a victim of retaliation. Luckily, a workplace retaliation lawyer in New York City can gather evidence of retaliation and present a case in front of a jury to win compensation for damages.
How to Build a Retaliation Case
If your employer won’t correct a sexual harassment or retaliation problem, speak with a New York City workplace retaliation lawyer attorney at Joseph & Norinsberg, LLC. We’ll help you gather evidence that proves a link between your complaint of sexual harassment and your employer’s retaliatory action or conduct. Evidence can include pay cuts, demotions, job transfers, or further harassment because of filing a complaint. Once we’ve built your case, we’ll present it to the jury in a way that makes your case compelling.
Victims of retaliation can receive recovery for lost wages, wages they would have received had they not missed a raise or promotion due to retaliation, job reinstatement if terminated, payment for mental anguish if the discriminatory acts were damaging, and money for attorneys’ fees. It’s worth filing a claim if you’re suffering retaliation for speaking against sexual harassment. Joseph & Norinsberg, LLC is passionate about helping victims in the workplace and our attorneys are skilled professionals. Call 212-587-8423 today for a free initial case consultation.