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 in the form of negative performance reviews or being passed over for promotions. They may be retaliating against you, which actually counts as a kind of discrimination in and of itself.

After experiencing retaliation, reach out to 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 a related but separate issue. Instead of protecting certain groups of people, retaliation laws protect certain actions that employees have the right to 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 employee may suddenly receive unfair criticism, be excluded from important meetings, or lose workplace privileges they previously held.

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

Think You’ve Experienced Retaliation? Take Action!

If you believe you experienced retaliation, it is important to act as soon as possible. Claims under the DHR are subject to filing deadlines that depend on when the act of retaliation took place.

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 it’s important to 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 directly, using the online discrimination reporting form, going in person to one of the 12 regional offices across New York State, or by mailing a notarized complaint.

The complaint must include your contact information and that of your employer, and the details of what took place. You should include details about the retaliation, the protected activity you engaged in, and the names of any witnesses who saw the retaliation.

Review Process

The DHR reviews your report to determine if it’s covered by 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, they will prepare a formal complaint on your behalf. You’ll sign it and officially file it.

Next, the DHR serves your complaint to your boss, who has a chance to submit a rebuttal. After that, an investigator is assigned to your case. They will interview you and your boss, subpoena any necessary documents, and investigate your workplace.

The investigator will determine if there is probable cause. Probable cause means there’s enough evidence to believe that discrimination occurred. If the investigation finds probable cause, the agency will schedule a public hearing, usually within 3 months. If there is no probable cause, the agency may dismiss your claim. In some cases, you may have the right to file a court action to challenge the determination.

Hearing and Final Judgment

An administrative law judge will conduct the hearing and issue a recommendation. The Commissioner will then issue a Final Order within 180 days after the hearing.

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

Michelle Cimino will help you gather all the critical information for your claim to ensure it effectively proves that 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

Workplace discrimination is serious, and retaliation legally falls under this definition. So when you’re penalized for taking a protected action, it’s discrimination. 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, demonstrating her readiness to navigate the state’s hearing process on your behalf. Speak confidentially to Michelle Cimino today.