Unlawful retaliation can be any action that could discourage a worker from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours).
Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has:
- Made a complaint of sexual harassment, either internally or with any anti- discrimination agency
- Testified or assisted in a proceeding involving sexual harassment under the Human Rights Law or other anti-discrimination law
- Opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment
- Reported that another employee has been sexually harassed
- Encouraged a fellow employee to report harassment