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Retaliation · California & New York

Discrimination Complaint Retaliation Attorney

Dealing with a discrimination complaint retaliation issue? Our California & New York employment attorneys can help you get the compensation you deserve.

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Common Discrimination Complaint Retaliation Scenarios

You were fired after filing a discrimination complaint with HR or a government agency
Your employer gave you a poor performance review after you testified in a coworker's discrimination case
You were excluded from meetings and projects after complaining about discriminatory treatment
Your employer reassigned you to an undesirable location or shift after your discrimination complaint
Management began micromanaging and scrutinizing your work after you raised discrimination concerns

Your Employment Rights in California & New York

If you have experienced discrimination complaint retaliation, both California and New York law provide strong protections. You may be entitled to:

  • Back pay and lost wages recovery
  • Compensatory damages for emotional distress
  • Punitive damages in cases of egregious conduct
  • Attorney's fees and litigation costs paid by the employer

Discrimination Complaint Retaliation FAQ

What laws protect against discrimination complaint retaliation?

Title VII, the ADA, ADEA, California FEHA, and New York Human Rights Law all contain anti-retaliation provisions. These laws protect employees who file complaints, participate in investigations, testify in proceedings, or oppose discriminatory practices. The protections apply to both formal and informal complaints, including verbal objections to supervisors about perceived discrimination.

What is the "opposition clause" and how does it protect me?

The opposition clause protects employees who oppose any practice they reasonably believe violates anti-discrimination laws. This includes complaining to a supervisor, refusing to carry out a discriminatory order, writing a letter protesting discrimination, or threatening to file a charge. You do not need to file a formal complaint — simply voicing opposition to discrimination is protected activity.

Can I be retaliated against for complaining about discrimination against someone else?

Yes, you are protected. Title VII, FEHA, and New York law protect employees who report discrimination they witness, participate as witnesses in discrimination investigations, or otherwise support coworkers' discrimination claims. The Supreme Court in Thompson v. North American Stainless extended protection even to close associates of the person who complained.

What if the underlying discrimination complaint was unsuccessful?

Your retaliation claim is independent of the outcome of the discrimination complaint. Even if the original discrimination claim was dismissed or found to be without merit, you are still protected from retaliation as long as you had a reasonable, good-faith belief that discrimination occurred. Retaliation claims often succeed even when the underlying discrimination claim does not.

Other Retaliation Claims We Handle

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