If your employer cut your hours, denied promotions, or fired you after reporting sexual harassment, you don’t have to face it alone. Our New York retaliation lawyer stands with employees who were punished for speaking the truth.
Legal protection when your employer punishes you for speaking up.
When employees report sexual harassment in the workplace, they’re exercising a legally protected right. Unfortunately, many face swift and damaging consequences for coming forward. This unlawful punishment—called retaliation—can take many forms, from termination and demotion to more subtle actions designed to force an employee out.
At Megan Thomas Law, we advocate for employees across New York who have suffered retaliation after reporting sexual harassment. We combine thorough legal knowledge with strategic advocacy to help clients restore their careers and obtain the compensation they deserve under state and federal law.
Workplace retaliation occurs when an employer takes adverse action against you because you engaged in a legally protected activity, such as reporting sexual harassment. This protection applies whether you reported harassment directed at you or at someone else, participated as a witness in an investigation, or opposed discriminatory practices.
Under New York law, protected activities related to sexual harassment include:
For an employer’s action to qualify as illegal retaliation, you must show a connection between your protected activity and the negative employment action.
Retaliation can take many forms, some obvious and others more subtle. Common retaliatory actions include:
Even actions that might seem minor can constitute illegal retaliation if they would deter a reasonable person from reporting harassment.
New York offers robust legal protections against workplace retaliation, with some of the strongest anti-retaliation laws in the country:
New York State Human Rights Law prohibits retaliation against employees who report, oppose, or participate in investigations of sexual harassment. Key aspects include:
New York City Human Rights Law provides additional protections for employees working within the five boroughs, with particularly strong anti-retaliation provisions.
Federal Protections under Title VII also prohibit retaliation, though they generally apply only to employers with 15 or more employees.
Amendments enacted in 2019 broadened New York’s anti-harassment framework, doing away with the “severe or pervasive” threshold and extending the filing deadlines for both harassment and retaliation actions.
If you believe you’re experiencing retaliation after reporting sexual harassment, proper documentation is crucial:
This documentation will be invaluable if you need to pursue legal action. Even if explanations seem plausible for individual actions, a pattern of negative treatment following a harassment complaint often reveals the true retaliatory nature.
If you believe you’re experiencing retaliation after reporting sexual harassment, these steps can help protect your rights:
Remember that retaliation itself is a separate legal claim from the underlying sexual harassment. Even if your harassment claim is not ultimately substantiated, you can still prevail on a retaliation claim if you had a good faith belief that the conduct you reported violated the law.
If you’ve experienced retaliation after reporting sexual harassment in New York, you may be entitled to significant remedies, including:
Under New York State law, there is no cap on compensatory or punitive damages in retaliation cases, potentially allowing for significant recovery in cases involving serious retaliatory actions.
Reporting sexual harassment takes courage. When employers punish employees for speaking up, they not only harm the individual but also undermine the entire system designed to protect workers from harassment and discrimination.
At Megan Thomas Law, we understand the difficult position that retaliation puts employees in—forcing them to choose between their rights and their livelihoods. We’re committed to ensuring that those who stand up against sexual harassment don’t face punishment for doing what’s right.
If you’ve experienced retaliation after reporting sexual harassment in New York, contact Megan Thomas Law today for a confidential consultation.
Your courage in reporting harassment deserves protection, not punishment. Let us help you hold your employer accountable for unlawful retaliation.
*The information provided in this post is for general informational purposes only and is not intended as legal advice. Viewing this post, commenting, or engaging with it does not create an attorney-client relationship.
No. Anti-retaliation laws protect employees who make good faith reports of sexual harassment, even if an investigation ultimately determines that the behavior didn’t rise to the legal definition of harassment. The key is that you reasonably believed the conduct violated the law when you reported it.
Employers often claim that negative actions after a harassment report were taken for legitimate business reasons. To counter this, you’ll need to show that the stated reason is either untrue or incomplete—that retaliation was at least a motivating factor in the decision.
Yes, and your employer may be liable for this form of retaliation. If managers know or should know that coworkers are retaliating against you for reporting harassment (through ostracism, hostility, or other negative treatment) and they fail to address it, the employer can be held responsible for allowing this form of retaliation.
Yes. Anti-retaliation protections don’t end when your employment does. Former employers can still retaliate through actions like providing negative references, contesting unemployment benefits, or filing baseless lawsuits against you. These actions are illegal if they’re taken because you reported harassment.
Before resigning, consult with an employment attorney. Quitting could potentially limit some of your legal remedies. However, if the retaliation creates intolerable working conditions, you might have a claim for “constructive discharge”—essentially arguing that the retaliation forced you to resign.
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