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.
Free Case ReviewCommon Discrimination Complaint Retaliation Scenarios
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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