Under federal law it is illegal to fire, demote, harass, or otherwise “retaliate” against people (applicants or employees) because they filed a charge of discrimination with the Equal Employment Opportunity Commission or other governmental agency, or because they complained to their employer about employment discrimination, or because they participated in an employment discrimination proceeding, including an investigation or lawsuit.
State laws also protect employees from retaliation. New Jersey has enacted the Conscientious Employers Protection Act (CEPA), which is a law protecting whistleblowers. CEPA protects people who are engaged in protected conduct from employer retaliation or wrongful discharge. The protected conduct includes protesting or objecting to illegal employer conduct.
In addition, Federal Law and the New York Human Rights Law protect workers from retaliation. These laws are intended to eliminate the fear of being harassed, demoted or fired for filing a complaint. Employers need to understand the anti-retaliation laws to ensure that their actions are not exposing them to additional liability. If you believe you have been retaliated against in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment because of filing a complaint, please contact our office to arrange for a consultation. We have experience litigating retaliation claims.