Fear of retaliation often keeps workers from filing reports about discrimination or harassment.
But under federal law, workers are protected from retaliation — and more seem to realize it, since reports of workplace retaliation have been steadily climbing over the last two decades and are now making up almost 45 percent of all claims of workplace discrimination. In 1997, retaliation claims made up only 22 percent of total claims.
Following the national trend, New Jersey retaliation claims are on the rise; they made up 38 percent of workplace discrimination claims last year. In New York, retaliation claims have made up about 40 percent of workplace discrimination claims since 2009.
Like the rest of America, New Yorkers can file a claim with the U.S. Equal Employment Opportunity Commission, but they also have a year to report incidents of retaliation to the City's Commission on Human Rights. There is an increase in workplace retaliation complaints in the city as well, and the commission's deputy commissioner of law enforcement, Hollis Pfitsch, says the commission has been more aggressive about focusing on retaliation over the past few years.
The commission works with employers to improve channels for reporting. "We work with them to set up a very clear complaint mechanism within the workplace, so that they're not just limited to going to a supervisor who might be the person discriminating against them and then retaliate against them," said Pfitsch. It can also seek up to $250,000 in civil penalties.
Pfitsch said that retaliation is a particular concern for low wage and immigrant workers. To help those who are more vulnerable, the commission is translating more materials, reaching out to community-based organizations, and in some cases, certifying special visas so people can testify without fear of being deported.
Share Your Story With Us
We want to hear from people who have experienced workplace retaliation in New York or New Jersey. If you've filed a complaint or decided not to, we want to hear about it. We're also looking to learn about human resources practices that work. Contact Jenny Ye by emailing jye@wnyc.org. She can share her number on Signal for encrypted messaging.
CORRECTION: An earlier version of this article incorrectly stated the City Commission on Human Right's role regarding special visas. They certify, but do not issue visas. The text was updated at 11:05 a.m., December 20, 2017.