US-New YorkCan my employer retaliate against me for filing a discrimination complaint?
No, your employer cannot legally retaliate against you for filing a discrimination complaint in New York. Both state and federal law strictly prohibit retaliation.
What the Law Says
New York law explicitly prohibits employers from retaliating against employees who oppose discriminatory practices or file complaints under anti-discrimination laws.
Under the New York State Human Rights Law (NYSHRL), it is an unlawful discriminatory practice for an employer to discharge, expel, or otherwise discriminate against any person because they have opposed any practice forbidden under the law—or because they have filed a complaint, testified, or assisted in any proceeding under the law.
This protection applies whether the complaint is filed internally, with the New York State Division of Human Rights (NYSDHR), or with the federal Equal Employment Opportunity Commission (EEOC). You are protected even if your underlying discrimination claim is ultimately found to lack merit—as long as your complaint was made in good faith.
Retaliation includes actions like termination, demotion, reduction in pay or hours, negative performance evaluations, reassignment to less desirable duties, or hostile treatment that materially affects your employment.
Statutory TextIt shall be an unlawful discriminatory practice for any person to discharge, expel or otherwise discriminate against any person because such person has opposed any practices forbidden under this article...
— N.Y. Exec. Law § 296(1)(e) — Unlawful discriminatory practices
Statutory TextIt shall be an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or to attempt to do so.
— N.Y. Exec. Law § 296(6) — Aiding and abetting
What Courts Have Said
New York courts consistently uphold strong protections against retaliation, emphasizing that the law’s purpose is to encourage reporting without fear.
Court held that retaliation claims require only a causal connection between protected activity and adverse action—not proof that the underlying discrimination claim succeeded.
Confirmed that even informal internal complaints about discrimination qualify as protected activity under NYSHRL, triggering anti-retaliation protections.
What to Do
Document everything: Save emails, notes, witness names, and dates related to both your complaint and any adverse actions afterward.
File promptly: Submit a complaint with the NYSDHR within 180 days—or with the EEOC within 300 days—of the retaliatory act.
Consult an attorney: Retaliation claims can be complex; legal counsel can help assess strength, file timely claims, and pursue remedies.
Do not quit without advice: Resigning may weaken your claim unless conditions rise to the level of constructive discharge.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.