Legal Context: Retaliation

The New York City based The Sanders Firm, P.C. believes that it is important for every person living in the United States to understand that retaliation is illegal. Retaliation is related specifically to a public employee filing a complaint against an employer and that employer retaliating against that employee. A public employee does not relinquish First Amendment rights to comment on matters of public interest by virtue of government employment.

History

Generally, retaliation is covered by Title VII of the Civil Rights Act of 1964. It makes it unlawful for an employer to retaliate against an employee “because he has made a charge” against his employer. 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). There are also circumstances when public employees may claim retaliation in violation of the First Amendment under 42 U.S.C. § 1983.

The law on retaliation affords basic protections for everyone in the workforce, allowing them to address situations in which they believe they are being unfairly treated. This right, to be free from retaliation, affects our lives in many ways.

Importance of Protection

The Sanders Firm, P.C. is devoted to ensuring that those working in the NYC area are protected from employer retaliation. The importance of such a safeguard cannot be overstated. This basic protection allows all of us to work in an environment in which we may freely address grievances related to various issues, including safety, fair and equitable treatment, sexual harassment, and other complaints.

The law allows employees to file complaints without fear and to seek justice if retaliation does occur. This is essential to having a free and open workplace where employees can address any issues related to fair and equitable treatment and safety.

Working for You

The Sanders Firm, P.C. is passionate about ensuring you are protected from an employer’s retaliation. Retaliation can take various forms, including reduction of work hours, setting unreasonable goals for the employee, and/or creating a hostile work environment for that employee. Retaliation may also include laying-off or firing the employee.

Serious Business

The lawyers at The Sanders Firm, P.C. know that it often takes courage to file a complaint against an employer and that doing so may result in blatant or subtle retaliation. In fact, in filing a complaint, retaliation is usually an employee’s biggest fear. An employer who does retaliate against an employee for filing a complaint is violating the law and your civil rights. If you feel an employer is retaliating against you, contact The Sanders Firm, P.C. We will protect you. In New York, The Sanders Firm, P.C. is your voice for justice.