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After an employee reports discrimination or harassment committed by their employer, the employee sometimes faces retaliation. The New York City Human Rights Law and the New York State Human Rights Law protect employees from retaliatory acts. If this happens to you, then below are a few tips on how to prove retaliation by your employer.
What Is Retaliation?
Retaliation is an illegal act where an employer punishes an employee who’s reported discrimination or harassment. You may not know you’ve been retaliated against until later.
Retaliation can come in subtle ways, but also in more obvious tactics. Below is a list of examples of retaliation:
- Demotion or transfer to a less desirable position
- Reduced pay
- Loss of benefits
- Suffering disciplinary action
- Reassignment
- Increased scrutiny
- Changing their work schedule to make their life more difficult
- Being verbally abused
- Spreading false rumors
- Passed over for promotions
- Punishing family members if they also work in or with the company
- Being threatened or reported to the police
- Receiving poor evaluation marks and/or given a reprimanding
- Termination
How to Prove Retaliation
The best way to prove that you’ve been the victim of retaliation is to keep any documents you might have to prove your retaliation claim. Remember, more is always better.
For instance, if you were passed up for a promotion, even though you were more than qualified, be sure to prepare any documents or reasons for your qualifications.
Perhaps you’ve earned a degree, been with the employer for 10 years, received bonuses for excellent work, and never received a poor grade on a performance review. Yet, the person who did receive the promotion does not match your qualifications.
Being prepped and organized will help your case in the long run. In addition, you might be able to avoid a trial if your evidence is compelling enough to force your employer to settle.
What to Do When You’ve Faced Retaliation
If you’ve been retaliated and have filed a legal complaint in New York’s Civil Court, then tell your attorney right away. As mentioned before, be sure to bring all your evidence or anything you have that might help your attorney.
Your attorney most likely will be able to amend your complaint to include the retaliation claim. Therefore, your employer won’t be able to get away with injustice.
If you were retaliated against after you turned in your complaint to Human Resources or a manager, but have not spoken to an attorney, then do so immediately. An experienced harassment and discrimination attorney will be able to fight for your rights and save you any further heartache.
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