So You Filed a Discrimination Lawsuit. Now What?

It takes strength and courage to file a discrimination suit against your employer. Even if you were a witness in the case or just involved in another way, it’s not easy. You could become a target for retaliation.

Retaliation happens if your employer takes action against you in some way because you participated in a lawful discrimination case. Under federal, New York state and New York City laws, retaliation in any form is illegal.

You might expect an immediate and overt response after you file the lawsuit, such as a demotion, reassignment to a less attractive position or even termination. But it may also take the form of a subtle change in behavior by your management.

But how do you know if you are the victim of retaliatory actions by your employer? Here are some telltale scenarios to help you identify what’s taking place.

  • You are registered for advanced training for your job function but suddenly your boss cancels the training.
  • You are scheduled for promotion within the next month but now, due to some “extenuating circumstances,” it’s on hold indefinitely.
  • You are notified, without warning, that your work week is reduced to 32 hours from 40 due to a “slow down” in customer orders.
  • You are told that the company is trying to reduce costs so your paid vacation is now down to one week instead of two.

Whether or not you filed a suit against your employer for discrimination, you are entitled to work in a supportive, respectful and conducive atmosphere that drives success. You stood up for yourself once, so you may have to do it again. If you’re experiencing retaliation in any way, consult legal counsel for advice. Call a New York City attorney trained in handling the unfair practice of retaliation.


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