Can You Be Fired for Reporting Sexual Harassment in New York?
You are not alone in your hesitation to report sexual harassment in the workplace because of the fear of losing your income. Laws exist to protect against being fired for reporting sexual harassment. Workplace retaliation in New York is unlawful and legal options to fight back are available.
Retaliation for Reporting Sexual Harassment in New York
Laws under state and federal statutes prevent discrimination in the workplace. Reporting an unlawful activity in New York is also a protected act. Employees should be able to report these incidents without fear of retaliation.
In New York, proving retaliation after reporting discrimination or harassment provides additional legal avenues to seek compensation for the damages the retaliation causes you. These damages differ from those you may seek for sexual harassment. Evidence is crucial in establishing a timeline of events to substantiate a claim.
Reporting Sexual Harassment
It is vital to follow the reporting procedures put in place by your employer. Filing a sexual harassment claim will initially occur internally with your company. However, it may also be necessary to file a claim with state or federal agencies when a mishandling of your claim arises.
Most companies have policies in place to address sexual harassment immediately. However, legal guidance is crucial when a company fails to address sexual harassment, or you feel your employment is in danger as a result of reporting the incident.
Reporting Retaliation in the Workplace
The provisions in anti-discrimination laws protect against retaliation. Filing a lawsuit under these provisions may be possible. You may also suffer the impact of retaliation when these actions occur after reporting sexual harassment:
- You experience a decrease in wages
- You receive a demotion
- A reassignment occurs
- Shifts in scheduling make completing your work more challenging
Collect any evidence to support your claim of retaliation. While New York is an at-will employment state, firing someone based on discrimination or for filing a complaint is prohibited. Working with a labor lawyer in New York can clarify your rights and allow you to take the necessary legal steps.
Potential Damages in a Wrongful Termination Case
Filing a New York wrongful termination claim may allow you to seek compensation for the costs you incur because of the retaliatory act. A court may also award reinstatement to your position if you experience wrongful termination. However, the stress of returning to the same work environment may be too great, and the alleged harasser may maintain their employment.
Back pay for lost wages because of the firing may occur. You may also request front pay for the future income lost. Compensation can include lost benefits.
Accounting for the emotional toll of sexual harassment and losing your job because of retaliation for your damages is necessary. You may also receive compensation for any out-of-pocket costs. While these damages may be available, it is up to you to prove that an employer’s actions cost you.
Discuss a Sexual Harassment Claim and Firing for Reporting in New York
Thorough documentation and experienced legal representation can combat complex legal claims, helping you financially recover from a wrongful termination in New York. Because the damages available to you are specific to your situation, discussing a firing for reporting sexual harassment in New York as soon as possible will allow you to explore your options for recovery.