Reporting harassment in your workplace might sound like more trouble than it’s worth. You might fear losing your job or turning your workmates against you. What if you receive a write-up, have your pay cut or worse, get fired?
Because of the potential consequences of reporting unjust treatment, many workers like you choose to stay silent. But here’s the good news: you don’t have much to fear, especially if you work in NYC.
Using the law as your shield
New York City has strong legal protections against workplace retaliation. It is illegal for any employer to punish employees for complaining about labor law violations. Many instances of workplace violations go against the New York City Human Rights Law (NYCHRL).
The NYCHRL applies to all employers with four or more employees (including independent contractors) and employers with one or more domestic employees. There are multiple classes under the law with protections against discrimination. Actions that may count as discrimination or harassment under NYC laws can range from subtle to severe.
Some examples which may count as discrimination are:
- A manager making sexually offensive comments
- A coworker spreading racist jokes around the office
- An employer giving you pay cuts because of your religion
Retaliation after making a complaint over harassment is illegal in NYC. You cannot be terminated, demoted or punished simply for reporting discrimination or notifying authorities over unlawful employer practices.
Making complaints about harassment
You might think that protections only apply if you file a formal complaint with the Labor Department. But the law recognizes a diverse range of actions as reporting workplace harassment. In New York City, reporting workplace harassment is a protected activity.
Reports can be internal or external. For example:
- Internal: Sending a report to HR or speaking to a manager
- External: filing a charge with the NYC Commission of Human Rights
You do not lose workplace retaliation protections by starting internally with your company. Additionally, under NY State Human Rights Law (NYSHRL), you do not need to prove harassment is “severe or pervasive” to have a valid claim. Reports are protected activity if your concerns are in good faith.
Staying protected even after reports
Retaliations may not always be obvious as unjust demotions or dismissals. Employers may act in more subtle ways, such as leaving you out of company meetings, assigning you with undesirable tasks or burdening you with unreasonable workloads.
If you feel as if you might be subject to workplace retaliation, take steps to protect your career and livelihood. Some immediate actions you can take:
- Document incidents at your workplace
- Gather evidence for your claim
- Prepare to file retaliatory charges with agencies such as the Equal Employment Opportunity Commission (EEOC)
Legal assistance from professionals can help you in determining your steps to defend against workplace retaliation in NYC. Don’t fret, some of the strongest anti-retaliation laws in the country are protecting you!