You spoke up. You did the right thing. Maybe you filed an internal complaint about workplace discrimination, contacted HR, or reported misconduct to a government agency. But now, something has changed. Suddenly you’re being ignored, passed over, demoted—or worse—terminated.
Retaliation is illegal. At D’Andrea Law PLLC, I help employees in New York and New Jersey fight back when employers punish them for asserting their rights. Below, I’ll walk you through examples of retaliation and how to protect yourself after reporting harassment or discrimination at work.
If you believe you’re facing workplace retaliation, schedule a free consultation today.
Understanding Workplace Retaliation After Reporting Discrimination
State and federal laws protect employees who engage in what’s known as “protected activity”—such as reporting or opposing discrimination, harassment, or other unlawful workplace behavior.
When an employer punishes you because of your protected activity, that’s retaliation.
These protections apply under:
- Title VII of the Civil Rights Act of 1964
- New York State Human Rights Law
- New York City Human Rights Law
- New Jersey Law Against Discrimination (NJLAD)
To be clear: you do not need to win your original discrimination case to have a valid retaliation claim. The law protects your right to speak up.
Examples of Retaliation After Reporting Harassment or Discrimination
Retaliation can take many forms. Here are some examples I’ve seen in cases across New York and New Jersey:
1. Termination or Suspension
If you were fired, laid off, or suspended shortly after submitting a complaint or participating in an investigation, that’s a red flag.
2. Demotions or Pay Cuts
Suddenly being reassigned to a lower-paying role or stripped of responsibilities without a legitimate reason may indicate retaliation.
3. Isolation or Exclusion
Being left out of meetings, not invited to events, or treated like a “problem employee” after speaking up may be retaliation.
4. Negative Performance Reviews
Getting an unexpected poor performance review after making a complaint, especially with no prior warning, may indicate retaliation.
5. Excessive Scrutiny or Write-Ups
If your work is suddenly micromanaged or you’re receiving write-ups for behavior that used to be ignored or tolerated, this may be part of a retaliatory pattern.
If any of this sounds familiar, speak with a workplace retaliation lawyer.
How to Prove Retaliation in New York or New Jersey
To make a retaliation claim, you’ll generally need to show three things:
- You engaged in protected activity (such as reporting discrimination, filing a complaint, or participating in an investigation),
- Your employer took adverse action against you, and
- There is a causal link between your protected activity and the adverse action.
Timing plays a big role. If the adverse action occurred soon after your complaint, that strengthens your case. But retaliation can be subtle or delayed, so documentation is critical.
There are also exceptions to the rule! In New York, for example, you might be exempt from the requirement to first report the issue to your employer if, for example, there’s an imminent danger to public health or safety, or you reasonably believe reporting would result in the destruction of evidence.
This is why it is important to speak with a workplace retaliation lawyer.
What to Do If You Suspect Retaliation
If you think you’re being retaliated against, take these steps right away:
- Document everything. Keep a personal log of what’s happening, including dates, people involved, specific incidents, and how your role or treatment has changed.
- Save communications. Keep emails, write-ups, performance reviews, and internal complaint filings.
- Speak to HR (again). If you haven’t already reported the retaliation internally, consider doing so in writing.
- Consult a retaliation attorney. Don’t wait until things escalate further. I can help you identify what’s legally actionable and how to preserve your rights.
Your Legal Rights After Reporting Discrimination
Employees in New York and New Jersey have powerful protections under state and local law. In fact, retaliation is one of the most common claims in workplace lawsuits.
You may be entitled to:
- Lost wages or back pay
- Emotional distress damages
- Job reinstatement (in some cases)
- Attorney’s fees and other relief
You don’t have to accept mistreatment or keep your head down. I’m here to help you stand up for what’s right.
Contact D’Andrea Law PLLC for a Free Consultation
I’m a retaliation lawyer serving clients across New York and New Jersey. With over a decade of experience and a track record of fighting for employee rights, I’ll help you understand your options and protect your future.
Schedule a free consultation with D’Andrea Law PLLC today.
Resource List
- U.S. Equal Employment Opportunity Commission – Retaliation: https://www.eeoc.gov/retaliation
- New York State Department of Labor: https://dol.ny.gov/retaliation
- New York State Labor Law Section 215: https://www.nysenate.gov/legislation/laws/LAB/215
- New York State Labor Law Section 740: https://www.nysenate.gov/legislation/laws/LAB/740
- New Jersey Division on Civil Rights: https://bias.njcivilrights.gov/en-US/
Disclaimer: This website is for informational purposes only and does not contain legal advice. No prior result guarantees future outcomes. This website may be considered attorney advertising under applicable rules.
Comments are closed