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What Are Protected Activities in New York? Employee Rights Explained

You complained about discrimination at work. Now your boss is treating you differently. Can they do that?

No. New York law protects employees who exercise their legal rights. If you speak up about illegal conduct, discrimination, or unsafe conditions, your employer cannot punish you for it.

This guide explains what protected activities are under New York law, what types of employee actions receive protection, and what to do if you face retaliation.

Why This Matters in New York

New York provides broader protected activity coverage than federal law. You have the right to speak up without fear of retaliation.

Key protections include:

  • Complaining about discrimination or harassment
  • Reporting wage violations
  • Blowing the whistle on illegal conduct
  • Requesting reasonable accommodations
  • Taking protected leave
  • Participating in workplace investigations

Your employer cannot fire, demote, or punish you for engaging in these activities. New York law creates a shield around employees who do the right thing.

What Is a Protected Activity?

A protected activity is any action where you exercise your legal rights as an employee.

The basic rule: If you complain about illegal conduct or participate in a workplace investigation, you are engaging in protected activity.

You do not need to use legal terminology or cite specific laws. Simply expressing concern about illegal conduct is enough. You also do not need to be correct about the violation. You just need a good-faith belief that something illegal occurred.

Two types of protected activity:

Opposition Activity – Speaking out against illegal conduct

  • Complaining to HR or management
  • Reporting violations to government agencies
  • Refusing to participate in illegal activity
  • Objecting to discriminatory practices

Participation Activity – Taking part in legal proceedings

  • Filing complaints with NYSDHR or EEOC
  • Testifying in investigations or hearings
  • Providing evidence in discrimination cases
  • Cooperating with government investigations

Both types receive full protection under New York law.

Protected Activities Under New York Law

New York protects a wide range of employee activities. Here are the most common categories:

Reporting Discrimination or Harassment

You have the right to complain about discrimination based on protected characteristics.

Protected complaints include:

  • Race, color, or national origin discrimination
  • Sex, gender identity, or sexual orientation discrimination
  • Age discrimination (18 and older in NY)
  • Disability discrimination
  • Religious discrimination
  • Pregnancy discrimination
  • Marital status discrimination
  • Military status discrimination
  • Domestic violence victim status
  • Genetic predisposition discrimination
  • Criminal conviction discrimination (with limitations)

You are protected when you:

  • Report discrimination to HR
  • File complaints with NYSDHR or EEOC
  • Complain about discriminatory policies
  • Support a coworker’s discrimination complaint
  • Testify in discrimination investigations
  • Refuse to follow discriminatory orders

Example: Maria complained to HR that her supervisor made sexist comments during team meetings. She filed a NYSDHR complaint after the company failed to investigate. Both actions are protected activities. Her employer cannot retaliate against her.

Whistleblowing on Illegal Conduct

New York Labor Law § 740 protects employees who report violations of law, rule, or regulation.

Protected whistleblowing includes:

  • Reporting violations of federal, state, or local law
  • Disclosing conduct that creates substantial danger to public health or safety
  • Refusing to participate in illegal activity
  • Testifying in government investigations

Examples of protected whistleblowing:

  • Environmental law violations
  • Healthcare fraud or HIPAA violations
  • Tax evasion or fraud
  • Food safety violations
  • Building code violations
  • Securities fraud
  • Falsification of business records

Example: James discovered his employer was dumping hazardous waste illegally. He reported it to his supervisor and the NY Department of Environmental Conservation. Both reports are protected under NY Labor Law § 740.

Note: To qualify for § 740 protection, you generally must report to your supervisor first (unless you reasonably believe they are involved or an emergency exists). See whistleblower protections for detailed requirements.

Complaining About Wages and Hours

New York law strongly protects employees who complain about wage violations.

Protected wage complaints include:

  • Unpaid minimum wage or overtime
  • Missing meal or rest breaks (though NY has limited break requirements)
  • Unpaid final wages
  • Improper wage deductions
  • Failure to provide wage statements
  • Misclassification as exempt
  • Tip theft or tip pooling violations

You are protected when you:

  • File wage complaints with NY DOL
  • Ask questions about your pay
  • Complain about unpaid wages to management
  • Discuss wages with coworkers
  • Participate in wage and hour investigations

Example: Sophia noticed she was not receiving overtime pay for hours over 40 per week. She complained to her manager and filed a complaint with the NY Department of Labor. NY Labor Law § 215 protects both actions from retaliation.

Important: New York Labor Law § 215 provides special anti-retaliation protection for wage complaints. Violations carry liquidated damages (double your lost wages).

Reporting Safety Violations

Federal and New York law protect employees who report workplace safety hazards.

Protected safety complaints include:

  • OSHA violations
  • Unsafe equipment or working conditions
  • Lack of required safety equipment
  • Exposure to hazardous substances
  • Inadequate safety training
  • Retaliation for refusing unsafe work

You are protected when you:

  • File OSHA complaints
  • Report unsafe conditions to management
  • Refuse to perform unsafe work
  • Participate in safety inspections
  • Request safety equipment

Example: Construction worker David refused to work on scaffolding that lacked proper fall protection. He reported the violation to OSHA. His employer cannot retaliate for refusing unsafe work or filing the OSHA complaint.

Note: You have the right to refuse work that poses imminent danger to your health or safety. Your employer cannot discipline you for exercising this right.

Requesting Accommodations

New York law protects employees who request reasonable accommodations for disabilities, religious practices, or pregnancy.

Protected accommodation requests:

  • Disability accommodations under ADA and NYSHRL
  • Religious accommodations (schedule changes, dress code exceptions)
  • Pregnancy accommodations (modified duties, breaks, seating)
  • Lactation accommodation requests (break time and private space)

Example: Rebecca requested a modified work schedule to attend religious services. Her employer denied the request and subsequently gave her poor performance reviews. This likely constitutes retaliation for requesting religious accommodation.

You are protected even if:

  • Your accommodation request is denied
  • You do not have formal documentation
  • Your disability is not obvious
  • The employer claims accommodations are too burdensome

Your employer must engage in a good-faith interactive process. They cannot punish you simply for asking.

Taking Protected Leave

Federal and New York law protect employees who take various types of leave.

Protected leave includes:

  • FMLA leave (federal)
  • New York Paid Family Leave
  • Paid sick and safe leave (NY, NYC)
  • Disability leave
  • Military leave
  • Jury duty
  • Voting time
  • Bone marrow or blood donation leave
  • Crime victim leave

Example: Michael took FMLA leave to care for his newborn child. When he returned, his employer transferred him to a less desirable position with lower pay. This constitutes retaliation for taking protected leave.

Participating in Workplace Investigations

You are protected when you participate in internal or external workplace investigations.

Protected participation includes:

  • Providing testimony in discrimination investigations
  • Answering questions during HR investigations
  • Serving as a witness in NYSDHR or EEOC proceedings
  • Cooperating with DOL wage investigations
  • Testifying in court proceedings

Example: Lisa testified as a witness in her coworker’s sexual harassment investigation. Her manager began excluding her from important meetings and gave her undesirable assignments. This is retaliation for participating in a protected investigation.

You are protected even if:

  • The investigation finds no violation occurred
  • You are a witness, not the complainant
  • The investigation is internal, not with a government agency

Filing Workers’ Compensation Claims

New York Workers’ Compensation Law § 120 prohibits retaliation for filing workers’ comp claims.

Protected activities include:

  • Filing workers’ compensation claims
  • Testifying in workers’ comp hearings
  • Hiring an attorney to represent you
  • Appealing denied claims

Example: After Carlos filed a workers’ comp claim for a back injury, his employer terminated him, claiming “performance issues.” New York law presumes this is retaliation. The employer must prove the termination was unrelated to the claim.

Exercising Other Legal Rights

New York law protects many other employee rights.

Additional protected activities:

  • Union organizing and collective bargaining
  • Discussing working conditions with coworkers
  • Filing unemployment claims
  • Serving on jury duty
  • Voting or registering to vote
  • Testifying in legal proceedings
  • Reporting criminal activity to law enforcement
  • Exercising rights under wage transparency laws
  • Requesting personnel files or employment records

Activities That May Not Be Protected

Not all workplace complaints receive legal protection. Understanding the limits is important.

Personal Grievances

General complaints about workplace conditions unrelated to legal violations typically are not protected.

Not protected:

  • Complaining about personality conflicts
  • Objecting to management decisions within employer discretion
  • Griping about workload or schedule preferences
  • Personal disputes with coworkers

Example: You complain that your manager is “unfair” because they gave you less favorable shifts. This is not a protected activity unless you can connect it to discrimination, retaliation, or a legal violation.

Disruptive or Insubordinate Conduct

Protected activity does not shield you from discipline for how you complain.

You may lose protection if you:

  • Make threats or engage in violence
  • Refuse to perform job duties unrelated to the complaint
  • Disclose confidential business information unnecessarily
  • Make deliberately false statements (bad faith)

Example: You send an email to the entire company accusing your boss of fraud without evidence and use profane language. While whistleblowing is protected, the manner of your complaint may not be.

Important: New York courts are generally employee-friendly. You can use strong language and express yourself emotionally. Only extreme conduct loses protection.

Complaints to Media Only

New York Labor Law § 740 does not protect employees who report only to the media without first reporting internally or to a government agency.

Example: You contact a newspaper about your employer’s environmental violations without first reporting to your supervisor or the DEC. This may not qualify for § 740 protection.

Solution: Always report to your supervisor or the appropriate government agency before (or simultaneously with) media contact.

Bad Faith Complaints

You must have a good-faith belief that a violation occurred. Deliberately false complaints are not protected.

Example: You fabricate a discrimination complaint solely to avoid discipline for performance issues. This is bad faith and may not be protected.

Clarification: Being wrong about a legal violation is not bad faith. You only lose protection if you knowingly lie.

New York vs. Federal Protected Activity Laws

New York law provides broader protection than federal law in several important ways.

Feature Federal Law New York Law
Protected Classes Race, color, religion, sex, national origin, age (40+), disability All federal classes plus: age 18+, marital status, military status, sexual orientation, gender identity, domestic violence victim status, genetic predisposition, prior arrest/conviction record (with limits)
Employer Size 15+ employees (Title VII), 20+ (ADEA) 4+ employees (NYSHRL)
Whistleblower Protection Varies by statute NY Labor Law § 740 covers all law, rule, or regulation violations
Wage Retaliation FLSA (federal minimum wage/overtime) NY Labor Law § 215 (all wage provisions), includes liquidated damages
Individual Liability No (federal statutes) Yes (supervisors personally liable under NYSHRL)
Good Faith Standard Required Required, but NY courts apply employee-friendly interpretation

Key Advantages in New York:

1. Broader Protected Classes
New York protects more characteristics than federal law. Age discrimination covers employees 18 and older (not just 40+). New York also protects sexual orientation, gender identity, marital status, and domestic violence victims.

2. Smaller Employer Coverage
NYSHRL applies to employers with 4 or more employees. Federal laws typically require 15 or 20 employees. If you work for a small employer, New York law may be your only option.

3. Individual Supervisor Liability
Under NYSHRL, you can sue supervisors and managers personally. This is a powerful deterrent against retaliation and provides recovery options even if the company lacks assets.

4. No Exhaustion Requirement
You can file directly in New York state court without first going through NYSDHR. Federal law generally requires filing with the EEOC before lawsuit.

5. Longer Statute of Limitations
NYSDHR claims have a 3-year deadline. EEOC charges must be filed within 300 days (less than one year). This gives you more time to pursue claims.

Real-World Protected Activity Examples

Understanding how protected activities work in practice helps you recognize when you are protected.

Example 1: Discrimination Complaint to HR

Situation: Jamal, a Black employee, noticed he was consistently passed over for promotions while less qualified white employees were promoted. He complained to HR about racial discrimination.

Protected Activity: Yes. Complaining about race discrimination to HR is protected opposition activity under NYSHRL and Title VII.

Retaliation: Two weeks later, Jamal received his first negative performance review. His manager cited vague “attitude problems.” Jamal was terminated one month after his HR complaint.

Outcome: Jamal filed a retaliation claim with NYSDHR. The close timing between his complaint and termination, combined with his previously positive performance history, established a strong retaliation case. He recovered $180,000 in damages.

Example 2: Wage Complaint to NY DOL

Situation: Angela worked 50 hours per week as a “manager” but performed primarily non-managerial duties. She believed she was misclassified as exempt and filed a complaint with the NY Department of Labor.

Protected Activity: Yes. Filing wage complaints with NY DOL is protected under NY Labor Law § 215.

Retaliation: Her employer learned about the DOL complaint and immediately cut Angela’s hours from 50 to 20 per week, making it impossible for her to pay her bills.

Outcome: Angela filed a retaliation claim under § 215. The court awarded back pay for lost wages plus liquidated damages (doubling the award) and attorney fees. Total recovery: $95,000.

Example 3: Safety Complaint to OSHA

Situation: Construction worker Miguel noticed exposed electrical wiring that posed an electrocution risk. He reported the hazard to his foreman, who did nothing. Miguel filed an OSHA complaint.

Protected Activity: Yes. Filing OSHA complaints and reporting safety violations are protected under the Occupational Safety and Health Act.

Retaliation: The day after OSHA inspected the site, Miguel was laid off. The employer claimed “lack of work,” but continued hiring other workers.

Outcome: Miguel filed an OSHA retaliation complaint and a NYSHRL public policy retaliation claim. OSHA ordered reinstatement and back pay. The NYSHRL claim resulted in additional compensatory damages for emotional distress.

Example 4: Whistleblowing to Government Agency

Situation: Nurse Practitioner Sarah discovered her healthcare clinic was billing Medicare for services not provided. She reported the fraud to her supervisor and then to the Office of Inspector General (OIG).

Protected Activity: Yes. Reporting healthcare fraud qualifies as whistleblowing under NY Labor Law § 740 and federal False Claims Act protections.

Retaliation: The clinic terminated Sarah, claiming she made “documentation errors.” The termination occurred one week after the OIG began its investigation.

Outcome: Sarah filed claims under NY Labor Law § 740, NYSHRL (public policy), and federal False Claims Act. She recovered back pay, front pay, compensatory damages for emotional distress, and attorney fees. Total recovery exceeded $400,000. She also received a whistleblower award from the federal government.

Example 5: Requesting Disability Accommodation

Situation: Marcus, who has anxiety disorder, requested a modified work schedule to attend therapy appointments. He provided documentation from his psychiatrist.

Protected Activity: Yes. Requesting reasonable accommodation for a disability is protected under ADA and NYSHRL.

Retaliation: His manager denied the request, claiming Marcus was “not disabled” and began documenting minor performance issues. Marcus was placed on a performance improvement plan (PIP) one week after his accommodation request.

Outcome: Marcus filed a retaliation claim with NYSDHR. The timing of the PIP immediately after his accommodation request established causation. He recovered $75,000 in damages and obtained injunctive relief requiring the employer to provide his accommodation.

Example 6: Participating as Witness

Situation: Jennifer testified as a witness in her coworker’s sexual harassment investigation. She provided truthful testimony that the harassment occurred.

Protected Activity: Yes. Participating as a witness in discrimination investigations is protected participation activity.

Retaliation: After Jennifer testified, her manager began giving her undesirable assignments, excluded her from team meetings, and publicly criticized her work.

Outcome: Jennifer filed a retaliation claim. Even though she was not the complainant, her participation as a witness is fully protected. She recovered $120,000 in damages and her employer was ordered to provide anti-retaliation training.

Example 7: Taking FMLA Leave

Situation: Daniel took 12 weeks of FMLA leave after his wife gave birth. He provided proper notice and medical certification.

Protected Activity: Yes. Taking FMLA leave is protected under federal law.

Retaliation: When Daniel returned, his employer told him his position was eliminated and offered him a lower-paying position with fewer responsibilities.

Outcome: Daniel filed FMLA interference and retaliation claims. FMLA requires employers to restore employees to the same or equivalent position. He recovered back pay for wage differential, compensatory damages, and liquidated damages (double back pay).

Example 8: Complaining About Pregnancy Discrimination

Situation: Tanya was seven months pregnant. She asked for light duty assignments as her doctor recommended. Her manager responded, “Maybe you should just stay home if you can’t do your job.”

Protected Activity: Yes. Requesting pregnancy accommodation and complaining about pregnancy discrimination are protected.

Retaliation: Tanya complained to HR about the manager’s comment. The next week, she was written up for “performance issues” despite consistently positive reviews.

Outcome: Tanya filed pregnancy discrimination and retaliation claims with NYSDHR. The timing and pretext nature of the performance writeup supported her retaliation claim. She recovered $200,000 in damages.

Example 9: Filing Workers’ Compensation Claim

Situation: Warehouse worker Carlos injured his back lifting heavy boxes. He filed a workers’ compensation claim.

Protected Activity: Yes. Filing workers’ comp claims is protected under NY Workers’ Compensation Law § 120.

Retaliation: Carlos was terminated one week after filing his claim. His employer cited “violation of safety rules,” but provided no documentation of prior warnings.

Outcome: Carlos filed a workers’ comp retaliation claim. New York law presumes retaliation when termination follows a workers’ comp claim. The employer could not prove legitimate reasons. Carlos recovered back pay, front pay, and compensatory damages totaling $145,000.

Example 10: Opposing Sexual Harassment

Situation: Restaurant server Kim witnessed her manager sexually harassing a coworker. Kim told the manager his conduct was inappropriate and reported it to the owner.

Protected Activity: Yes. Opposing sexual harassment, even as a witness rather than victim, is protected.

Retaliation: The owner did nothing about the harassment. Kim’s shifts were reduced from 35 hours to 10 hours per week. Her tips dropped dramatically.

Outcome: Kim filed NYSHRL claims for retaliation and aiding/abetting harassment. She recovered lost wages, compensatory damages for emotional distress, and punitive damages. She also sued the manager personally. Total recovery: $175,000.

Example 11: Discussing Wages With Coworkers

Situation: Emily discovered she was paid $15,000 less than male colleagues doing identical work. She discussed pay with coworkers to confirm the disparity.

Protected Activity: Yes. The National Labor Relations Act protects employees’ right to discuss wages and working conditions.

Retaliation: Her employer learned about the wage discussions and issued a written warning citing “violation of confidentiality policy.”

Outcome: Emily filed an NLRB charge and NYSHRL pay discrimination and retaliation claims. The confidentiality policy was found unlawful. She recovered back pay for the wage disparity, compensatory damages for retaliation, and punitive damages. Total: $220,000.

Example 12: Refusing to Participate in Fraud

Situation: Accountant Robert was ordered by his supervisor to falsify financial records. He refused and reported the conduct to the company’s board of directors.

Protected Activity: Yes. Refusing to participate in illegal activity and whistleblowing about fraud are protected under NY Labor Law § 740.

Retaliation: Robert was terminated the next day for “insubordination.”

Outcome: Robert filed claims under § 740 and NYSHRL public policy exception. He also reported the fraud to the SEC. He recovered back pay, front pay, compensatory damages, and attorney fees. He later received a whistleblower award from the SEC. Total recovery exceeded $500,000.

Example 13: Requesting Religious Accommodation

Situation: Sikh employee Raj requested to wear his turban at work, which his employer’s uniform policy prohibited.

Protected Activity: Yes. Requesting religious accommodation is protected under Title VII and NYSHRL.

Retaliation: His employer denied the request without engaging in interactive process. When Raj continued wearing his turban, he was terminated for “violation of uniform policy.”

Outcome: Raj filed religious discrimination and retaliation claims. Courts found the employer failed to show undue hardship. Raj recovered back pay, compensatory damages for emotional distress, and punitive damages. Total: $165,000.

Example 14: Complaining About Hostile Work Environment

Situation: Alexandra complained to HR that her coworkers made constant comments about her body and displayed sexually explicit images in the workplace.

Protected Activity: Yes. Complaining about hostile work environment sexual harassment is protected.

Retaliation: HR conducted a minimal investigation and took no action. Alexandra’s supervisor then gave her a negative performance review and excluded her from a major project.

Outcome: Alexandra filed sexual harassment and retaliation claims. The negative performance review and exclusion from projects following her complaint established retaliation. She recovered $190,000 in damages.

Example 15: Reporting Environmental Violations

Situation: Factory worker Luis discovered his employer was illegally discharging pollutants into a nearby river. He reported it to his supervisor and the NY Department of Environmental Conservation (DEC).

Protected Activity: Yes. Reporting environmental law violations is whistleblowing protected under NY Labor Law § 740.

Retaliation: Luis was demoted from supervisor to line worker, with a $20,000 pay cut. His employer claimed “restructuring,” but no other supervisors were affected.

Outcome: Luis filed a § 740 claim and NYSHRL public policy claim. The targeted nature of the demotion established retaliation. He recovered $280,000 in back pay, front pay, and compensatory damages.

What to Do If You Engage in Protected Activity

If you plan to engage in protected activity or have already done so, take these steps to protect yourself.

Before Engaging in Protected Activity

1. Document the Underlying Issue

  • Take notes on dates, times, and witnesses
  • Save relevant emails and documents
  • Record details while fresh in your memory
  • Gather supporting evidence

2. Know Your Rights

  • Understand what protections apply to your situation
  • Research relevant laws (NYSHRL, § 740, § 215)
  • Identify appropriate reporting channels
  • Consider consulting an employment attorney

3. Follow Proper Procedures

  • Check your employee handbook for reporting procedures
  • Report to the right people (HR, supervisor, government agency)
  • Put complaints in writing when possible
  • Keep copies of all complaints and reports

After Engaging in Protected Activity

1. Document Everything
Keep detailed records of any changes in your treatment:

  • Performance reviews or discipline
  • Changes in duties, schedule, or pay
  • Exclusion from meetings or opportunities
  • Comments or behavior by supervisors
  • Witness observations

2. Continue Performing Your Job Well

  • Meet all job requirements
  • Document your work performance
  • Save positive feedback and emails
  • Maintain professionalism

3. Report Any Retaliation Immediately
If you experience retaliation:

  • Report to HR or upper management
  • Put retaliation complaints in writing
  • File complaints with government agencies
  • Contact an employment attorney

4. Preserve Evidence

  • Save all work emails and documents
  • Keep personal copies off company systems
  • Take photos or screenshots if appropriate
  • Identify potential witnesses

5. Know Your Deadlines

  • NYSDHR: 3 years
  • EEOC: 300 days
  • NY Labor Law § 740: 2 years
  • NY Labor Law § 215: 6 years
  • OSHA: 30 days (varies by law)

Do not wait. Missing a deadline can destroy your case.

File Complaints With Government Agencies

New York State Division of Human Rights (NYSDHR)
File for discrimination and retaliation claims

  • Website: dhr.ny.gov
  • Phone: 1-888-392-3644
  • Deadline: 3 years

Equal Employment Opportunity Commission (EEOC)
File for federal discrimination and retaliation claims

  • Website: eeoc.gov
  • Phone: 1-800-669-4000
  • Deadline: 300 days

New York Department of Labor (NY DOL)
File for wage and hour violations

  • Website: dol.ny.gov
  • Phone: 1-888-469-7365
  • Deadline: Varies by claim

Occupational Safety and Health Administration (OSHA)
File for safety retaliation claims

  • Website: osha.gov
  • Phone: 1-800-321-6742
  • Deadline: 30 days (for many claims)

Consult an Employment Attorney

An experienced employment attorney can:

  • Evaluate the strength of your claim
  • Advise on best filing strategy
  • Handle communications with your employer
  • File administrative charges
  • Negotiate settlements
  • Represent you in litigation

Most employment attorneys offer free consultations. Many work on contingency (no fee unless you win).

Common Questions About Protected Activities

Can I be fired for complaining about discrimination?

No. New York law prohibits retaliation for opposing discriminatory practices. If you are fired for complaining, you have a retaliation claim.

What if my complaint turned out to be wrong?

You are still protected if you had a good-faith belief that a violation occurred. You do not need to prove the underlying violation to win a retaliation claim.

Do I need to use legal terminology when I complain?

No. You do not need to cite specific laws or use legal language. Simply expressing concern about illegal conduct is enough.

Can I be disciplined for how I made my complaint?

Protected activity does not shield you from discipline for extreme misconduct (threats, violence, deliberate falsehoods). But New York courts are employee-friendly. You can use strong language and express yourself emotionally without losing protection.

Am I protected if I report to the media?

NY Labor Law § 740 generally requires you to report internally or to a government agency first. Reporting only to media may not be protected. Always report through proper channels first.

Can my employer ask me not to file complaints?

Your employer can encourage internal resolution, but cannot threaten or coerce you into not filing external complaints. Any attempt to prevent you from filing with government agencies is illegal.

What if I signed a confidentiality or non-disparagement agreement?

These agreements cannot prevent you from filing complaints with government agencies or participating in investigations. Courts will not enforce provisions that violate public policy.

Am I protected if I support a coworker’s complaint?

Yes. Participating as a witness or supporting another employee’s protected activity is itself protected.

Can I be retaliated against for requesting accommodations?

No. Requesting reasonable accommodations for disability, religion, or pregnancy is protected. Your employer cannot punish you for asking, even if they ultimately deny the accommodation.

How do I prove I engaged in protected activity?

Document your complaint or activity:

  • Keep copies of written complaints
  • Note dates and people present for verbal complaints
  • Save emails or texts about the complaint
  • Identify witnesses who heard your complaint

What if my employer claims I was fired for poor performance?

If the performance issues started after your protected activity, this may be pretext (a fake reason). Your attorney can help you prove the real reason was retaliation. See proving retaliation for details.

Can I complain about general unfair treatment?

General complaints about workplace conditions not related to legal violations may not be protected. The complaint must relate to discrimination, legal violations, or other statutorily protected issues.

Do small businesses have to comply with these laws?

NYSHRL applies to employers with 4 or more employees. Some laws like NY Labor Law § 740 and § 215 apply to all employers regardless of size.

Related Topics

Next Steps

If you engaged in protected activity and experienced retaliation:

  1. Document everything – Keep detailed records of all retaliatory actions
  2. Report the retaliation – File complaints with NYSDHR, EEOC, or other agencies
  3. Consult an attorney – Get free evaluation of your legal options
  4. Know your deadlines – File within statute of limitations
  5. Preserve evidence – Save all emails, documents, and witness information

New York law strongly protects employees who speak up. You have the right to complain about illegal conduct without fear of retaliation.

Experiencing retaliation after exercising your rights? Contact an experienced New York employment attorney today for a free consultation.

References

Disclaimer: This article provides general information about protected activities under New York law. It is not legal advice. For guidance on your specific situation, consult a qualified employment attorney licensed in New York.