When you’re pursuing a retaliation case in New York, it’s important to keep a few things in mind. Here are a quick three: (1) even if your underlying discrimination (or harassment) claim fails — even at the summary judgment phase — you can still win your retaliation claim, (2) even if your employer has put forward a legitimate basis for the adverse action it took and a viable theory as to why your claim is not legitimate, you can still successfully make out a retaliation claim, and (3) if you believe you were the target of illegal retaliation at work, you need to get in touch with an experienced New York employment discrimination lawyer.
A recent retaliation case from upstate illustrates the points briefly outlined above. The worker, J.D., was a manager working for a chain of auto repair and maintenance stores, overseeing 10-14 stores.
In late 2019, one of the manager’s female subordinates, S.M., informed him that she “had been touched inappropriately by a co-worker” on multiple occasions that day. According to the employer, the manager badly mishandled the investigation into the woman’s complaint, failing to follow company policies and engaging in deceitful behavior.