Employees have very specific rights that are set by federal and state law. Some of the laws cover protected activities and statuses, which are things that employers can never use against the employee.
New York is an at-will employment state, which means that employers can terminate employees for just about any reason or no reason at all. Despite that fact, employers are still forbidden from terminating someone in response to a protected status or activity. Understanding what constitutes retaliation at work is critical for employees.
What are protected statuses or activities?
Race, genetic composition, ethnicity, gender, sexual orientation, disability and age are some examples of protected statuses. These are all things that shouldn’t lead to discrimination or harassment in the workplace.
Protected activities include making reports or participating in investigations into accusations of illegal activities in the business. It also includes taking actions that are allowable under law. For example, taking leave under the Family and Medical Leave Act or seeking workers’ compensation benefits.
What is considered retaliation in the workplace?
Retaliation at work can take many forms, but they’re all some form of negative employment actions. These can be obvious, such as an unwarranted unfavorable review, termination or pay cut. It can also be less obvious, which may take the form of being left out of meetings or not getting all the benefits the employee is due.
Retaliation in the workplace is always in response to a protected activity or status. Employers can still take disciplinary action if an employee breaks company rules, regardless of whether they have a protected status or participated in a protected activity. Taking legal action when retaliation is a factor is possible, but employees who are in this position should work with someone familiar with these matters.
