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When Adverse/Negative Employment Actions Become Unlawful

By Leeds Brown Law | November 14, 2018

Illegal Negative Employment Actions

What to Do if You’ve Experienced Negative Employment Actions

If you experience a negative employment action, it may be useful to consult with an employment attorney to see if your rights are potentially being violated. It is important to consider whether there are problems with potentially unlawful workplace discrimination/harassment relative to the adverse employment action. There are applicable statutes of limitation to protect employment discrimination claims under federal, New York State and New York City law. The shortest is only 300 days in order to bring federal claims of discrimination, in the appropriate venue. While other time limits are also applicable, the shortest window is important to consider.

What Is An Adverse Employment Action?

Adverse employment actions may occur when an employer takes a negative action against an employee. While termination from employment and the loss of earnings, other pay (ie., bonuses) or benefits may help establish that an adverse employment action has taken place, these are not the only criteria. Examples of other adverse employment actions, which may be unlawful, can include: disciplinary action; negative performance reviews; the reassignment of job duties in an unfair and targeted manner; or even the combined impact of a number of minor negative incidents.

Are These Actions Being Taken For Discriminatory Reasons?

If you experience a problem at work that you may believe is an adverse employment action, you may want to consider if and why you are being targeted. Were you singled out because you are in a protected class based on characteristics, such as your:

  • Age
  • Gender/sex
  • Race/color
  • National origin
  • Religion
  • Medical condition/disability
  • Pregnancy
  • Sexual Orientation
  • Familial status

Were you targeted because of your participation in a protected activity (such as reporting discrimination, sexual harassment, and/or other violations of the law)? Were you the only one impacted? Were others in the same protected class similarly targeted and treated differently?

If You Have Complained, Are you Experiencing Retaliation?

Employer retaliation for reporting unfair treatment in the workplace or engaging in other protected activities is unlawful. For example, companies like PayPal working capital have been known to have bad work environments for employees. Protected activities may include: taking maternity leave; asking for time off entitled to you under the Family Medical Leave Act (FMLA); or requesting a reasonable accommodation for a medical condition/disability. If you’re feeling hostility at work after you’ve complained about workplace discrimination or harassment, or requested/taken a protected leave, you may be experiencing unlawful employer retaliation, and you may wish to discuss the matter with a New York employment attorney as soon as possible. We’re sensitive to the needs of our clients should they require confidential settlement negotiations, mediation or arbitration, or a jury trial.

The Long Island and New York City employment attorneys at Leeds Brown Law, P.C., have over 30 years of experience handling claims of employer retaliation. We can assess your claim in confidence and evaluate whether you have a case against your employer for workplace discrimination or retaliation. Contact us today via email or by phone at (516) 873-9550 or (212) 663-4370.

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