Unlawful retaliation is a common problem in the work place. In fact, there were 39,757 individual charge filings for retaliation in 2015 according to US Equal Employment Opportunity Commission. Retaliation charges were also more common than any other kind of charge. Furthermore, retaliation often comes after employees oppose discrimination or harassment from their employer.
The NYC Commission on Human Rights protects employees from discrimination and harassment. They protect employees by enforcing the NYC Human Rights Law (NYCHRL). Any NYC employer who does not follow the Law can end up in court and have to pay expensive legal fees and fines. This article will explore unlawful retaliation against employees who oppose gender discrimination. It will also provide examples of violations against the Law.
Unlawful Retaliation and Gender Discrimination
The Law forbids retaliation against employees for opposing discrimination. It also prohibits retaliation against employees who ask for accommodation for a gender-based disability. Some examples of discrimination opposition include:
- – making a complaint about prejudicial treatment to other employees
- – making a complaint about discrimination to the Commission or another agency
- – being a part of a discrimination investigation
Unlawful retaliation is any action taken against a person that is likely to deter them from opposing discrimination. The action does not need to be a final action or an adverse change to their employment in order for the Commission to consider it illegal. Finally, it is legal for an employee to oppose discrimination even if they are ultimately incorrect in their assessment. They are still protected from retaliation even if the behavior they opposed was determined legal by the Commission. There will be no consequences for the employee as long as they acted in good faith.
Please check out our Anti-Discrimination Course should you have been charged to obtain a certification of completion and help with your charges. Feel free to contact us with any questions around unlawful retaliation.