You took a brave step by reporting sexual harassment at work. However, instead of getting protection from intimidation and disrespect you might have experienced, you were fired. If this happened to you, you may wonder, Was this even legal? What can I do now?
In New York City, being terminated for reporting sexual harassment is not just wrong—it may be against the law. Just as understanding what to do if you’re sexually harassed at work is key to safeguarding your well-being, knowing what to do after an unfair firing can be crucial for protecting your career, rights, and financial future.
This blog post will explain what NYC employees should know about wrongful termination after a sexual harassment complaint. We’ll cover what makes these firings illegal and how to take action to protect yourself if you face one.
Can HR Fire You for Complaining About Sexual Harassment?
Put simply, they shouldn’t—and doing so could be illegal. Firing someone for reporting harassment is a form of workplace retaliation, which is prohibited by law.
Retaliation happens when an employer punishes an employee for engaging in a legally protected activity—like reporting sexual harassment. Retaliation doesn’t always mean firing. It can include:
- Demotion or pay cuts,
- Sudden negative performance reviews,
- Exclusion from meetings or opportunities, and
- Transfer to less desirable shifts or locations.
What’s important is that it’s provoked by you exercising your legal rights.
For example, imagine you complained to HR about a supervisor making inappropriate comments about your body. Then, two weeks later, you suddenly learn you’re being let go for a vague “performance issue”—even though you had a satisfactory work record up to that point. In a situation like this, there’s a high risk that your firing was motivated by retaliation.
What Laws Protect You After Reporting Workplace Harassment?
Federal, New York State, and New York City laws protect employees from both sexual harassment and retaliation.
These include:
- Title VII of the Civil Rights Act of 1964. This federal law protects individuals who work for an employer with at least 15 employees from retaliation for reporting harassment or discrimination.
- New York State Human Rights Law (NYSHRL). This law prohibits all employers in New York State from retaliating against any person who reports sexual harassment in the workplace.
- New York City Human Rights Law (NYCHRL). Like its state counterpart, NYC’s Human Rights Law bans retaliation for making a workplace harassment complaint, regardless of the employer’s size.
Importantly, New York State and NYC laws include non-employees—such as independent contractors, gig workers, and subcontractors—in their protections against sexual harassment and retaliation for reporting it.
If you prove that your firing was motivated by illegal retaliation, you can take legal action to hold your employer accountable. A successful claim can lead to remedies like lost wages, emotional distress compensation, and even reinstatement in some cases.
What to Do If You’re Fired for Reporting Harassment
Being fired after standing up for yourself can be overwhelming. But you have rights—and options. Here’s what to do next.
Document Everything
Start collecting and preserving evidence right away. This includes:
- Emails or text messages—any communications about your report or your termination;
- Notes about interactions—such as conversations or meetings with HR;
- Performance reviews—evaluations before and after the harassment complaint; and
- Witnesses—names of those who can speak to your work or the harassment.
These records are crucial for building a legal case for retaliation.
Request Your Termination Letter
Ask your employer for a written letter stating the reason you were fired. In New York, there’s no law requiring them to provide it—but asking for it shows you’re keeping a record. This letter can be a crucial piece of evidence if the employer’s reasons for firing you shift over time.
Contact an Employment Attorney
An experienced employment lawyer can explain what to do if you’re sexually harassed at work and walk you through your options after being wrongfully terminated. You don’t need to know whether you have a case to reach out. A lawyer can help you understand your rights, timelines, and next steps.
File a Formal Complaint
Depending on your situation, you can file a retaliation complaint with the EEOC (Equal Employment Opportunity Commission), the New York State Division of Human Rights, or the NYC Commission on Human Rights. Each agency enforces laws that protect employees from retaliation for reporting harassment. Choosing the right agency matters, as it can affect your legal options. The process can be complex, with forms, deadlines, and procedural rules to follow. A skilled employment attorney can help you determine the appropriate agency for your case and guide you through the complaint process.
Stay Professional
This can be one of the hardest steps—but it matters. Avoid discussing your case publicly on social media or with coworkers. Even innocent comments can be twisted by your employer later. Stay focused on gathering your evidence and protecting your position.
How to Prove Retaliation for Sexual Harassment Reporting
Proving a retaliation or wrongful termination claim typically requires showing three elements:
- You engaged in a protected activity (e.g., reported sexual harassment),
- You suffered a negative employment action (e.g., termination), and
- There’s a connection between your protected activity and your employer’s negative action.
This connection can be shown through timing (if you were fired shortly after reporting), changing explanations for your termination, or supervisor comments that reveal bias.
For example, if your employer said, “We don’t want troublemakers,” shortly after your complaint or your job performance was rated “excellent” just before you were fired, those details can help show the true reason for your dismissal.
Be aware: Retaliation claims are very time-sensitive. In most cases, you must act within a year or less to preserve your rights. Working with an attorney helps ensure you meet all deadlines and gather the right evidence to prove your case.
Speak with a Lawyer Who Understands Your Story
If you’ve been wrongfully terminated after reporting sexual harassment, don’t wait—get legal guidance now. At the Law Offices of Supriya Kichloo, P.C., we understand that these cases are complex and deeply personal. We believe you deserve support and advocacy that reflects your values, courage, and community. Attorney Supriya Kichloo offers her clients more than legal skill—she also brings cultural awareness, compassion, and fierce advocacy. As a multi-lingual attorney who has worked with clients from diverse South Asian immigrant backgrounds, she understands the unique pressures you may be facing.
Whether you’re unsure of your rights or ready to take action, a consultation can help you understand what’s possible—and how to move forward. You’ve already taken a powerful step by reporting the harassment. Now it’s time to protect your future. Contact our office today to schedule a free consultation.
