In addition, an employee cannot be terminated for speaking out and opposing discrimination in the workplace. That constitutes retaliation.

If your employer takes any adverse action against you because you belong to one, or more, of the above categories, or because you complained of discrimination, your employer has violated the New York State Human Rights Law. 

Violations of the New York State Human Rights Law can be litigated at the New York State Division of Human Rights, which is a New York State administrative agency.  An employee must file a written charge of discrimination at the New York State Division of Human Rights within 1 year of the last date of discrimination, or 3 years, for a claim of sexual harassment.  The New York State Division of Human Rights will assign an investigator to investigate the charge filed by the employee, and the position statement submitted by the employer.  The Regional Director then issues a finding of "probable cause," or "no probable cause." 

If your case receives a finding of "probable cause," it will proceed to a hearing before an Administrative Law Judge, which is likely to last one or two days. The Administrative Law Judge will receive evidence from both sides in the form of stipulations, testimony and documents.

After the hearing, and closing briefs or arguments, the Administrative Law Judge will  issue a written decision about whether or not discrimination occurred.  If the Administrative Law Judge finds in favor of the employee, he may award backpay, compensatory damages, punitive damages, and counsel fees. 

Raymond Nardo, Esq has tried, and won, many cases at the New York State Division of Human Rights, with awards of up to $95,000.

In addition, he has settled many claims at the New York State Division of Human Rights and obtained large financial recoveries for his clients.