Workplace retaliation remains a common employment law complaint in New York City, and 2026 brings renewed attention to how workers are protected. Retaliation occurs when an employer punishes an employee for reporting discrimination, participating in an investigation, requesting an accommodation, or asserting a legal right. Federal, New York State, and NYC laws all prohibit retaliation, and each offers slightly different protections. Understanding these rules is essential for employees who speak up about unlawful workplace behavior.
What Counts as Retaliation Under Federal and New York Law
Retaliation occurs when an employer takes an adverse action against an employee engaged in a protected activity. Protected activity can include:
- Filing or assisting in a discrimination or harassment complaint
- Reporting unsafe or unlawful practices
- Requesting a disability or religious accommodation
- Raising concerns about wage violations
- Supporting a coworker’s complaint
- Participating in an internal or external investigation
Adverse actions include firing, demotion, pay cuts, schedule changes, or other actions that would discourage a reasonable person from speaking up.
How New York State Law Protects Employees From Retaliation
New York State law provides strong protections through the New York State Human Rights Law (NYSHRL) and the Labor Law.
Key points include:
- Employees are protected from retaliation for opposing discrimination or harassment.
- Employees are protected when they report violations of labor standards, including wage-and-hour issues.
- New York’s whistleblower statute, Labor Law Section 740, protects workers who report what they reasonably believe are violations of law, even if the report is made internally.
- Employees may recover lost wages, reinstatement, and damages for emotional harm.
New York State law focuses on whether the employer’s actions were motivated by the employee’s protected activity, not whether the employer acted politely or professionally.
How NYC Law Expands Retaliation Protections Even Further
The New York City Human Rights Law (NYCHRL) is one of the most protective anti-retaliation laws in the country. Its standard is broader than both federal and state law.
Key features include:
- Retaliation is unlawful when it deters a person from engaging in protected activity.
- The employee does not need to prove that the adverse action was severe or permanent.
- The law covers subtle forms of punishment, including exclusion from meetings or loss of opportunities.
Importantly, NYC law prohibits retaliation for speaking up about discrimination based on any protected characteristic, including race, gender, disability, religion, national origin, sexual orientation, age, pregnancy, and others.
Common Forms of Retaliation Reported by NYC Workers
Employees often experience retaliation after raising concerns about discrimination, harassment, safety issues, or unlawful pay practices. Examples include:
- Sudden negative performance evaluations after years of strong reviews
- Reduced hours or unwanted shift changes
- Removal from important projects or meetings
- Increased scrutiny or micromanagement
- Hostile communication from supervisors
- Termination shortly after a complaint is filed
Retaliation can be obvious, but it is often subtle. Patterns and timing are important indicators.
How to Recognize Retaliation in 2026’s Workplace Environment
With more hybrid and remote teams, retaliation may occur in less visible ways. Workers should pay attention to changes in communication, assignments, and performance feedback. Decreased inclusion in team discussions or delays in promotion consideration may also signal retaliation.
Regardless of the setting, the core legal protections remain the same. Employers cannot punish employees for exercising their rights.
What Workers Should Do If They Suspect Retaliation
1. Document everything.
Keep records of the complaint you made and any changes that occurred afterward, including emails, messages, schedules, and meeting notes.
2. Review employer policies.
Most NYC employers are required to maintain anti-harassment and anti-retaliation policies. Understanding these procedures can help when reporting retaliation internally.
3. Consider filing with an agency.
You may file a complaint with:
- The NYC Commission on Human Rights
- The New York State Division of Human Rights
- The EEOC
Each agency has its own process and deadlines.
4. Speak with an employment attorney.
A lawyer can assess whether the timing and circumstances suggest retaliation and explain the available options.
At Lipsky Lowe, we represent employees who have been punished for speaking up. We help workers evaluate their cases, gather evidence, and pursue claims under federal, state, or NYC law.
Talk to a NYC Retaliation Attorney About Your Rights
If you believe you were disciplined, demoted, or fired because you raised concerns at work, you may have a retaliation claim. New York City law provides strong protections, and employees do not have to tolerate unlawful punishment for doing the right thing. Contact Lipsky Lowe for a confidential consultation. We can help you understand your rights and determine the best path forward.
About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.