Q: Can I file a civil lawsuit and/or class action for harassment and discrimination in the workplace without losing positio

A: Yes and no. Both federal and New York State laws protect workers who file claims for harassment and discrimination from workplace retaliation including termination. However, it is not uncommon for employers to violate anti-retaliation laws. So there is still a chance that your employer would retaliate against you for filing a lawsuit, but that act would be illegal and could provide the basis for an additional claim in the lawsuit.

A: Yes, you can file a civil lawsuit or a class action for harassment and discrimination in the workplace without necessarily losing your position, but it requires careful steps. The law protects employees from retaliation, meaning your employer is not legally allowed to fire, demote, or otherwise punish you for asserting your rights. However, retaliation can sometimes happen subtly, so you need to document everything thoroughly to protect yourself.

Start by reporting the harassment or discrimination to your HR department or a designated person within your workplace, following company procedures. This step is essential because it shows that you gave your employer a chance to address the issue. Keep a detailed record of incidents, including dates, times, locations, what was said or done, and any witnesses. These records can be crucial if you decide to proceed with legal action.

If the issue isn’t resolved internally or you face retaliation, you can consult with an employment attorney who can guide you on filing a lawsuit. Filing a claim with the Equal Employment Opportunity Commission (EEOC) or a similar agency in your state may also be required before proceeding with a lawsuit. Know that you have rights and resources to stand up against workplace discrimination or harassment while protecting your position.