Workplace Discrimination Lawyer Explains Retaliation and Protected Activities [Video Inside]

This is not intended to be legal advice and is based on the most recent laws and executive orders available as of 6/22/2026.

You did the right thing after witnessing workplace discrimination. You took action. Now, your boss or supervisor is suddenly treating you differently, perhaps through negative performance reviews or by passing you over for promotions. They may be retaliating against you, which can count as discrimination in itself.

After experiencing retaliation, contact an experienced Pittsford attorney, such as Michelle Cimino. She can help you file a discrimination report with the New York State Division of Human Rights (DHR) or pursue a court action. If your case is successful, you may receive compensation for damages and help address the discrimination in your workplace.

Protected Activities and Retaliation Explained

When people think about workplace discrimination, they often think of protections based on characteristics like race, gender, or disability, which are protected classes. Retaliation is related but separate. Instead of protecting certain groups of people, retaliation laws protect certain actions employees can take. These protected actions can include reporting discrimination, filing a complaint about harassment, or requesting accommodations for a disability, pregnancy, or religious practice.

Protected activities are separate from protected classes. Think of the distinction this way: protected classes are who you are, like your race or gender, while protected activities are what you do, like reporting discrimination or requesting a workplace accommodation.

Retaliation happens when an employer punishes an employee for engaging in a protected activity. Sometimes retaliation is obvious, such as firing someone or passing them over for a promotion. Other times, it can be harder to spot. An employer may suddenly criticize an employee unfairly, exclude them from important meetings, or take away workplace privileges they previously held.

If you think you’ve experienced retaliation, speaking with an attorney is the next step.

Think You’ve Experienced Retaliation? Take Action!

If you believe you experienced retaliation, act as soon as possible. DHR claims are subject to filing deadlines that depend on when the retaliatory act occurred.

For acts on or after February 15, 2024, you generally have 3 years from the most recent retaliatory act to file a discrimination report with the DHR. For acts before February 15, 2024, the deadline may have already passed. Alternatively, you can file a lawsuit directly in New York State court within 3 years of the retaliatory act.

These deadlines are confusing but critical to your claim, so contact an attorney, like Michelle Cimino, right away if you believe you’ve been retaliated against. She will give you a much clearer timeline of key deadlines.

Filing the Complaint

First, report the retaliation by calling the DHR at (844) 697-3471 or using the online discrimination reporting form.

This initial report is not yet an official complaint. If the DHR decides it can investigate your report, it will prepare a formal complaint for you to review, sign, and return.

The complaint must include your contact information, your employer’s contact information, and details of what happened. Include details about the retaliation, the protected activity you engaged in, and the names of any witnesses who saw it.

Review Process

The DHR reviews your report to determine whether it falls under the Human Rights Law. The agency may contact you for additional details or to ask clarifying questions. It’s best to respond as soon as possible to avoid delays. If your complaint is covered, the agency will prepare a formal complaint on your behalf. You’ll sign it and file it officially.

Next, the DHR serves your complaint to those named in it and asks them to respond in writing. You will then have an opportunity to reply to their response. After that, an investigator is assigned to your case. They may interview you and those named in the complaint, subpoena any necessary documents, and investigate your workplace.

The investigator will determine whether there is probable cause, or enough evidence, to believe discrimination occurred. If the investigation finds probable cause, the agency will usually schedule a public hearing unless the matter is resolved beforehand. If the agency finds no probable cause, it will dismiss your claim. You may challenge the dismissal in New York State Supreme Court, but a short deadline applies.

Hearing and Final Judgment

An administrative law judge will conduct the hearing and issue a recommendation. The Commissioner will then issue a Final Order.

If your case is successful, you could receive damages, including:

• Reinstatement to your job if you were terminated
• Back pay with interest and benefits
• Compensation for emotional distress
• Policy changes

The filing steps can be tricky to handle on your own, so reaching out to a Pittsford workplace discrimination lawyer like Michelle Cimino early can make the process smoother.

Michelle Cimino can help you gather the critical information for your claim to prove you experienced retaliation. She’ll explain what to expect from the investigation process and prepare you for the most likely outcome in your situation.

Reach Out to a Pittsford Workplace Discrimination Attorney

Retaliation for reporting workplace discrimination or engaging in another legally protected activity is a separate unlawful discriminatory practice under New York law. Filing a claim with the Division of Human Rights can help rectify the situation.

Michelle Cimino has been representing Pittsford employees for over 20 years. She’s a member of the New York State Academy of Trial Lawyers, showing she’s ready to navigate the state’s hearing process on your behalf. Speak confidentially to Michelle Cimino today.