Articles Posted in Retaliation

New York Labor Law Section 201-d provides some workplace protections for employees who engage in, among other things, lawful recreational off-duty activities. This broad protection is somewhat ill-defined. The law, passed before the proliferation of social media and other electronic communications, could not have considered whether these modern day internet activities fall under the statute’s…

In April 2022, the civil rights law firm Famighetti & Weinick PLLC filed a First Amendment retaliation case on behalf of its client, Devanand Persaud, against the City of New York and individuals employed by the City. The firm regularly handles free speech cases, but this case was unusual. In this case, Persaud alleged that…

One of the difficulties in employment retaliation cases is determining whether an action an employer has taken can be deemed retaliation under the law. This is because not every action which an employer takes against an employee can constitute a retaliatory act, even if the employer acted with a retaliatory motivation. For instance, a verbal…

Title VII of the Civil Rights Act of 1964 prohibits various forms of workplace discrimination, including discrimination based on sex, race, religion, and national origin. Title VII also includes an anti-retaliation provision which protects employees who complain about or oppose conduct which is unlawful under Title VII. This is referred to as engaging in protected…

Whistleblower retaliation is perhaps one of the most misunderstood employment law claims in New York. Many employees believe a broad whistleblower law protects a variety of employee conduct and that when employees complain about any number of workplace issues, they are automatically protected against retaliation by the employer. In fact, New York’s whistleblower law is…

In November 2020, the Long Island employment law firm Famighetti & Weinick PLLC filed a federal lawsuit against a Long Island volunteer fire department on behalf of a female volunteer firefighter. The lawsuit alleged that the department discriminated against the firefighter based on her sex, then retaliated against her when she complained about the discrimination.…

On March 6, 2020, the United States Court of Appeals for the Second Circuit, in New York, handed a gift to employees. The Court reviewed issues related to (1) hostile work environment claims and (2) the standard for retaliation claims. On both issues, the Court’s decision came out highly favorable for employees. Today’s Long Island…

The Equal Employment Opportunity Commission (EEOC) is the federal agency charged with investigating and prosecuting claims of discrimination arising under federal law. Generally, federal law prohibits workplace discrimination on the basis of sex, race, national origin, religion, color, disability, age, and genetic information. Further, federal law prohibits employers from retaliating against employees who report or…

In employment discrimination claims, courts generally apply one of two methods of analyzing the claims. In a mixed-motives analysis, plaintiffs must show the employer was motivated, at least in part, by a discriminatory animus. This is considered a more lenient standard. In but-for causation, the plaintiff must show that discrimination was the but-for cause of…

For federal workplace discrimination claims in New York, employees must file a charge of discrimination with the EEOC within 300 days of the discriminatory act in order to preserve their right to sue the employer. But, oftentimes for hostile work environment claims, the employee doesn’t reach a breaking point until after enduring perhaps months or…