The adverse action at the center
Discrimination and retaliation claims usually require some adverse employment action, and what qualifies has changed over time. The U.S. Supreme Court has held that a worker challenging a discriminatory transfer under the main federal discrimination law has to show some harm to a term or condition of employment, not a significant one. For retaliation, the question under federal law is whether the action might dissuade a reasonable worker from complaining. New York State and New York City law are generally broader, and retaliation under city law covers conduct reasonably likely to deter a person from engaging in protected activity. Firing, demotion, a pay cut, or loss of shifts are clear examples, while changes such as a different schedule or assignment depend on the details.
Documenting the action
Keep the written notice of the decision, the date it was communicated, and who delivered it. Save your job description, schedule, and pay records from before and after, so the change can be shown concretely. If you made a complaint or requested an accommodation or leave before the decision, keep proof of that too, since the timing can be important. Hold on to your own messages, and ask before taking company documents. If the employer gave a reason for the decision, keep that statement, because whether the reason holds up often becomes the main issue.
Starting an employment action
An employment action as a lawsuit can be brought in state or federal court, or begun with an agency such as the EEOC, the New York State Division of Human Rights, or the New York City Commission on Human Rights, depending on the claim and on any arbitration agreement. Deadlines differ by law and forum. In a first meeting we identify the adverse action, connect it to the possible legal claims, check the timing, and decide on the forum that fits your goals.
