Illegal Retaliation Examples and Solutions

Illegal retaliation is a serious offense in NYC. Employers often retaliate against employees who have opposed discrimination or harassment. Employees can oppose discrimination by making internal or external complaints–filing a complaint with a government agency, etc.

The NYC Commission on Human Rights protects employees from discrimination and illegal retaliation with the NYC Human Rights Law (NYCHRL). The Commission can also bring employers to court if they violate the Law. Furthermore, a company can pay expensive fines and gain notoriety if the Commission charges them with discrimination or retaliation. This article will provide examples of unlawful retaliation. It will also reveal ways to avoid Law violations.

Examples of Illegal Retaliation

It is against the Law for employers to assign employees undesirable shifts contrary to the normal shifts that are equally assigned to staff members because of a complaint of discrimination. It is also illegal to demote or fire an employee because they filed a complaint with a government agency or in civil court. Additionally, an employer cannot refuse an employee’s accommodation request because they interviewed as a witness in a coworker’s discrimination case. The accommodation does not have to be under the Law, but it can be routinely provided by the employer. Finally, an employer cannot prevent an employee from advancing to the next stage of a program because they raised concerns about inequality.

How to Avoid Violations of the Law

Employers can avoid unlawful practices by organizing internal anti-discrimination policies. These policies can educate employees of their rights and obligations under the Law. The educational policies can also train staff on gender identity and expression. Employers should also create strategies for employers to internally report Law violations. These strategies should teach employers to report without fear of retaliation. Employers could also train supervisors on how to handle discrimination claims. Finally, companies that deal directly with the public can create a policy for external interaction. This policy can train employees to deal with the public in a non-discriminatory fashion.