New York Discrimination and Retaliation Attorneys

You Spoke Up And Then Everything Changed

You stood up for yourself or someone else, and everything shifted. Maybe it happened slowly. Fewer emails. Colder meetings. The team started excluding you. Or maybe the retaliation was immediate. Your shift changed. Your manager pulled you aside. Your performance suddenly came under scrutiny.

If this sounds familiar, you’re not alone. Workers across New York face common types of workplace retaliation, and often, they don’t realize the law protects them. You don’t need to be fired for it to count. If your employer changed the way they treat you because you asserted your rights, that could be retaliation. And yes, it’s illegal.

At Horn Wright, LLP, we help workers in every part of New York hold employers accountable for retaliation. If your job became unbearable after you took a legal step our attorneys know how to untangle the damage. We take on the emotional weight and the legal fight so you don’t have to do it alone.

What Counts as Retaliation Under New York Law

In plain terms, retaliation means your employer punishes you for exercising a protected right. That punishment doesn’t have to be loud or dramatic. In fact, the most signs of retaliation at work look like “normal” decisions until you connect the timing and the shift in treatment.

Examples of retaliation include demotions, sudden poor performance reviews with no real explanation, having responsibilities or projects taken away, or being excluded from meetings you once led. You may even get reassigned to a less desirable shift or department, or be told your role is being eliminated, only to see it reposted a week later.

New York law recognizes that even subtle changes can have serious consequences. The shift doesn’t have to be extreme. It just has to be tied to your protected action. If your treatment changed right after you took a stand, that connection matters.

What Protected Activities Actually Look Like

Retaliation doesn’t happen in a vacuum. It usually comes after something you said or did that’s protected by law. You don’t have to sue your employer to qualify. The law shields employees who act in good faith, even if the issue you reported doesn’t result in disciplinary action.

Protected activities include reporting workplace harassment or discrimination, whether the behavior was directed at you or someone else. Asking for a reasonable accommodation for a disability, pregnancy, or religious need is also protected. If you took FMLA, Paid Family Leave, or used sick time covered by New York law, you’re protected from retaliation. Participating in an HR investigation, talking to the EEOC, or even just backing up a coworker’s complaint are all considered legally protected acts.

If you took any of these steps and your job suddenly changed afterward, you may have grounds for a retaliation claim. Employees are often protected even when filing a discrimination claim with the EEOC.

Retaliation Isn’t Always Firing: It Can Be a Pattern

Some retaliation cases are obvious. You file a complaint, and you’re fired a week later. But more often, retaliation comes as a drip of smaller actions that, over time, push you out or wear you down.

You might suddenly be micromanaged after years of autonomy. You could be pulled off projects without warning, or your manager might stop responding to your emails. The company might restructure your department in a way that only affects you. Or your previously positive performance reviews start to shift, with vague criticisms that don’t align with your track record.

When these changes begin right after a protected activity, and no one else is being treated the same way, the law may see that as a pattern of retaliation. These cases can be just as strong as a firing, and sometimes stronger, because the paper trail tells the story. Employees often rely on evidence used in proving workplace retaliation claims.

Supervisor Retaliation: When the Problem Is Your Boss

When retaliation comes from a manager or supervisor, it often feels worse, and in many cases, it has more legal consequences. Supervisors control your workload, your schedule, and your ability to advance. When they decide to punish you for speaking up, the damage can spread quickly.

In New York, supervisors may be held individually liable for retaliation claims against supervisors under state law. That means the law doesn’t just stop at the company’s door. The person causing the harm may face legal consequences themselves.

Retaliation from a supervisor may show up as exclusion from important conversations, public criticism, unfair disciplinary actions, or sudden changes to your responsibilities. If your boss went from mentor to micromanager right after you filed a complaint it could be retaliation under New York law.

Constructive Discharge: When You Were Forced to Quit

Sometimes, a workplace becomes so hostile that you have no real choice but to leave. Your job hasn’t changed on paper, but in practice, it’s been chipped away. Your hours don’t work anymore. You’re isolated from your team. You dread going in. And every time you ask for help, you’re ignored or dismissed.

This is known as discrimination-based constructive discharge, i.e., when an employer doesn’t fire you, but makes staying so unbearable that a reasonable person would quit. The law treats this as a firing. If retaliation forced you out, you can still bring a claim, even if you turned in your resignation.

Schedule changes that make work impossible, demotions disguised as “reassignments,” and emotionally exhausting pressure from management are all signs of a constructive discharge. If you left because staying meant sacrificing your health or dignity, the law may still protect you.

Retaliation After FMLA, Sick Leave, or Disability Requests

Taking time off to care for your health or your family is legally protected. So is asking for accommodations when you need them. But many workers in New York return from leave only to find that everything’s changed.

Maybe your hours are reduced. Maybe your job is technically the same, but your responsibilities have been handed off. Maybe you’re told that leadership “needs someone more reliable” going forward.

These are classic signs of retaliation. Whether you took FMLA, New York Paid Family Leave, or sick time under NYC’s paid leave law, your employer can’t punish you for it. Many cases involve retaliation for taking medical leave.

What Employer Excuses Usually Sound Like

Retaliation isn’t always obvious, and employers rarely admit that’s what they’re doing. Instead, they offer a different story, one that sounds official, but doesn’t hold up under scrutiny.

Here are some of the most common excuses:

• “It’s a restructure.”
• “We’re addressing performance concerns.”
• “We didn’t know about your complaint.”
• “This decision came from another department.”

These excuses often fall apart when your records, reviews, and the timing tell a different story. Employers sometimes rely on defenses against retaliation even when the facts show otherwise.

Discrimination-Based Retaliation: When Identity Is Involved

When retaliation is tied to who you are, e.g., your race, gender, religion, disability, pregnancy status, or sexual orientation, the case takes on another layer. New York law protects workers from discrimination based on these characteristics. If you report that kind of bias and then face retaliation, you may have multiple claims.

For example, maybe you raised concerns about being passed over for promotions because of your age. If your employer then starts excluding you from leadership meetings that may be retaliation tied to age discrimination.

New York’s Executive Law § 296 provides broad protection for workers targeted because they spoke up about identity-based mistreatment. If your employer responded to your complaint by trying to silence or punish you, that’s exactly what the law was written to address. Employees often point to a hostile work environment as part of these claims.

Harassment Retaliation: Punished for Reporting Abuse

Coming forward about harassment takes courage. It’s hard. And unfortunately, it often leads to a second wave of mistreatment; not from the original harasser, but from the employer itself.

This kind of retaliation can look like:

• Sudden write-ups for things no one mentioned before
• Being left out of meetings, decisions, or work events
• Managers suddenly enforcing rules against you that they ignore for others

Even if your harassment complaint was handled correctly, retaliation after the fact is still a violation. Many workers experience employer retaliation harassment claims.

Retaliation in the Hiring Process

Retaliation doesn’t stop when you leave a job. If you’re applying for a new role and your former employer gives a bad reference because you filed a complaint, that’s retaliation. If a prospective employer finds out about a past lawsuit or EEOC complaint and rejects you because of it, that may also be retaliation under New York law.

Applicants and former employees are protected. The law doesn’t just shield current workers. If retaliation follows you into your job search, you may still have legal recourse. Some cases involve discrimination retaliation in hiring.

What Damages You Can Recover in a Retaliation Case

Retaliation claims in New York can come with meaningful compensation. You may be able to recover:

• Back pay for lost wages and benefits
• Front pay if reinstatement isn’t possible
• Emotional distress damages for the toll it took on your mental health
• Punitive damages if the conduct was especially reckless or malicious
• Legal fees and court costs
• Prejudgment interest to make up for time lost

In some cases, you can also secure non-financial outcomes, like job reinstatement or policy changes. Your damages depend on the harm done and what you want moving forward. An experienced employment attorney can help you determine what you’re entitled to, and how to get it. Compensation for retaliation victims may include multiple categories of damages.

Settlements vs. Court: What to Expect

Most retaliation cases settle before trial. But that doesn’t mean settling is simple. A good settlement protects your reputation, your finances, and your future.

In a typical New York retaliation settlement, you may receive:

• A lump sum or structured payout
• A neutral or positive reference letter
• A clean personnel file
• An agreement that bars the company from retaliating again
• In some cases, internal changes like policy updates or training

You don’t have to go to court to get justice. But if your employer refuses to take responsibility, court is always an option. And with the right support, it’s one you can pursue confidently. Many workers resolve their claims through discrimination settlements and compensation.

How to Strengthen Your Case Right Now

You don’t need to wait until things get worse. The earlier you act, the more evidence you’ll have. To protect yourself, start by documenting everything:

• Save all emails, text messages, and HR communications
• Keep copies of performance reviews before and after your complaint
• Screenshot any sudden changes in duties or responsibilities

Also, create a written timeline. Note every key event: when you filed a complaint, when you noticed changes, when new policies were enforced. Journaling how you felt and how your work was affected can help show the real impact of retaliation.

Avoid signing anything from HR (especially severance agreements) without legal advice. Some documents include waivers that limit your rights. Documentation is critical because of the evidence requirements in retaliation cases.

Filing Deadlines: Don’t Wait Too Long

Retaliation cases are time-sensitive. If you miss a deadline, your claim could be dismissed, no matter how strong it is.

Here are the key deadlines to know:

• 300 days to file with the EEOC
• 3 years to file with the New York State Division of Human Rights
• 3 years to file a lawsuit in New York State court

Deadlines can be different for government employees, union workers, and whistleblower claims. The safest step is to speak with an attorney as soon as you suspect retaliation. Workers must be aware of the statute of limitation that governs their case.

Horn Wright, LLP, Helps New Yorkers Take Back Control After Retaliation

At Horn Wright, LLP, we help New Yorkers who’ve been punished for doing the right thing. Our attorneys represent workers across industries — from healthcare and retail to tech, construction, and government — who faced retaliation after asserting their rights. We understand the emotional strain and uncertainty that comes with being pushed out or silenced at work.

When you hire us, you get more than a legal team. You get a group that listens, that explains, and that builds your case with clarity and compassion. If your job turned against you after you stood up, we’ll help you take that power back. Many clients also look to our workplace retaliation FAQ for answers to common questions.

Contact our offices today for a FREE consultation of your case.