It is illegal under the New York Human Rights Law for an employer in New York State to discriminate against an employee on the basis of race, sex, creed, color, sexual orientation, national origin, disability, marital status, domestic violence victim status, military status, criminal or arrest record, or predisposing genetic information. It is also illegal to retaliate against an employee for making a complaint, either to their employer or to the government, based on discrimination they experience or observe. However, not all forms of retaliation are easy to spot. Here’s just a handful of ways an employee can be retaliated against by their employer:
Being fired or having pay cut
By far one of the most obvious forms of retaliation, an employer accused of discriminating against their employees may simply decide to get rid of the employee who complained about them. Alternately, they may decide to punish an employee by cutting their pay. Obviously, this can have severe economic consequences, and sometimes simply wielding the threat of a firing or a pay cut can be enough to stifle would-be complainants.
Suffering abuse or harassment
Another of the more obvious forms of retaliation, an employer who is displeased with an employee complaint can simply choose to berate, harass, intimidate, or even assault the complaining employee. While, again, these are all illegal, an employer who is already discriminating against their employees may be willing to commit illegal acts to cover up other illegal acts. The goal in harassing or abusing complainants is to either get them to drop their complaints, or to get them to leave the company on their own volition, which would deprive them of any benefits they might otherwise get for having their job terminated.
Getting passed over for promotions or raises
Just as victims of employment discrimination might find their opportunities for advancement within their company cut off, so too might people who complain about discrimination find themselves unable to get raises or promotions, despite the work they put in or the success they have at their job. It becomes a way of quietly smothering a person out of the job, by making it impossible to advance a career. This can be more difficult to prove as people get passed over for raises and promotions all the time, for reasons that have nothing to do with employee retaliation.
Negative employee reviews
An increasingly common way for employers to retaliate against employees who complain about discrimination is to give them bad performance reviews. Employees who previously excelled in their job may find their reviews becoming worse, even if they haven’t changed anything else about their work habits or attitude. The reviews may say they “don’t take direction well,” or that they’re “not a team player,” or that they “lack emotional intelligence.”
If you have been discriminated against by your employer, or have suffered retaliation for complaining about discrimination by your employer, you seek the guidance of an experienced New York employment lawyer who can protect your legal rights and advocate on your behalf during the legal process. Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with forty years of experience in handling the many aspects of employment law. To schedule an appointment with New York City employment lawyer Steve Mitchell Sack, call (917) 371-8000.
