Mitchell Pollack & Associates PLLC
Your Solution Starts With A Phone Call

What is unlawful retaliation after a sexual harassment complaint?

For workers in New York State who have filed a complaint about sexual harassment, it is unfortunate that the abusive behaviors that the person faced might continue in a different form. Unlawful retaliation can also happen and it too can be the basis for a legal filing. If an employee has complained about sexual harassment, retaliation is illegal. This is part of the Human Rights Law and a worker complaining is considered protected activity.

The following falls into the protected activity category: a person who has filed a formal written complaint regarding sexual harassment whether it is internal or through an anti-discrimination agency; a person who gave testimony or assistance in a proceeding that involved sexual harassment based on the Human Rights Law; a person who expressed opposition to sexual harassment by complaining in a verbal or informal manner to management or by telling a higher-up of harassment that was taking place; a person complaining about another employee being sexually harassed; or a person encouraging a fellow employee to complain about sexual harassment. If the employer has four or more employees, retaliation can occur with any other behavior that has been made illegal under the Human Rights Law.

Any adverse action that the employer might take against an employee is considered retaliation. It does not necessarily have to be related to the job or happen in the workplace. Any action that might dissuade a reasonable worker from complaining or supporting another's complaint about sexual harassment will constitute retaliation. This can occur even after the person is no longer working at the job. For example, if a negative reference is given without basis, it can be considered retaliation. For the employee to claim retaliation has taken place, the worker must be able to substantiate it.

People who have been involved in a sexual harassment case as a victim or in reporting or testifying on behalf of another can be subjected to unlawful retaliation, a hostile work environment and more. If this has happened, it is possible to file a case to be compensated. Discussing the matter with an experienced sexual harassment attorney can help with pursuing a case.

Source:, "Guidance On Sexual Harassment For All Employers In New York State," accessed on July 6, 2017

No Comments

Leave a comment
Comment Information
Email Us For A Response

Ready To Resolve Your Legal Issues

You have a business to run. The team at Mitchell Pollack & Associates is ready to tackle your legal needs so you can focus on your responsibilities. Call 866-400-7388 or use our online contact form to schedule a meeting.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Tarrytown Office
150 White Plains Road
Suite 310
Tarrytown, NY 10591

Toll Free: 866-400-7388
Phone: 914-610-3418
Fax: 914-332-9191
Map & Directions

Mahwah Office
220 Franklin Turnpike
Mahwah, NJ 07430

Toll Free: 866-400-7388
Phone: 914-610-3418
Fax: 201-529-4400
Map & Directions