The Sanders Firm, P.C.: Retaliation in Civil Rights Cases
At the Sanders Firm, P.C. in New York City we handle a range of cases related to retaliation in association with civil rights complaints made against employers. In the United States, you have the right to file complaints regarding discrimination and other unfair practices by employers. Your employer may not retaliate if you do so. Retaliation is covered by Title VII of the Civil Rights Act of 1964. Under the Act, 42 U.S.C. § 2000e-3(a), it allows “a person claiming to be aggrieved” to file charges against his employer alleging an unlawful employment practice, 42 U.S.C. § 2000e-5(b). In the case of a “public employee,” the employee must have spoken as a “citizen” as opposed to a “public employee” and the subject matter must have been a matter of “public concern.” Exposing governmental inefficiency and misconduct is a matter of considerable significance.
Freedom to File a Complaint
Every employee is free to file complaints related to discrimination. This right is related to freedoms found in the Constitution of the United States, including freedom of speech and the right to petition the government to redress grievances. These rights cannot be prohibited by the government nor may people be punished for exercising these rights.
In the same spirit, a person may file a complaint against their employer. If an employer takes an adverse action against your decision to file a complaint, they can be prosecuted.
Adverse actions include the following:
• Denial of promotion
• Refusal to hire
• Unjustified negative evaluations
• Unjustified negative references
• Increased surveillance
• Any type of attack
• False charge regarding a crime
Opposition to Discrimination
At The Sanders Firm, P.C., we inform those who are seeking advice regarding their rights in opposing what they consider to be discriminatory practices. Employees do have the right to oppose discriminatory practices. Actions they may undertake against employers to oppose discrimination include:
• You may oppose a practice you think constitutes unlawful discrimination
• You may inform an employer that you believe that he/she is engaging in prohibited discrimination. Such opposition is protected from retaliation as long as it is done in a reasonable manner. Also, it must be based on a sensible, good-faith belief that the opposed practice violates anti-discrimination law
• You may also complain against discrimination to others
• Inform of your intent to file charges of discrimination
• Picketing against discrimination
• Refusing to obey instructions or orders that you consider to be discriminatory
Retaliation is Serious Business
We at The Sanders Firm, P.C. take retaliation complaints by employees seriously. The infringement of one’s right to file a complaint against discriminatory practices is unacceptable and unlawful. It is a violation of your civil rights.
If your employer has retaliated against you, or if you have concerns about filing a lawsuit asserting discriminatory practices, contact The Sanders Firm, P.C. We will be your voice for justice, fighting for your civil rights. You do not have to walk down this path alone.