EmploymentLaw
Legal representation for employees facing workplace discrimination, sexual harassment, retaliation, and wrongful termination across multiple jurisdictions.
Workplace discrimination, sexual harassment, and whistleblower retaliation violate federal and state employment laws protecting workers' rights to safe, respectful, and lawful work environments. Employees who experience these violations face wrongful termination, hostile work environments, unequal treatment, and retaliation for reporting misconduct. Understanding your legal rights and pursuing accountability requires experienced employment law representation.
At the Law Offices of Matthew Cohan, we represent employees exclusively—never employers. We fight for workers who have experienced workplace discrimination, harassment, and retaliation throughout New York, New Jersey, Pennsylvania, and Washington, D.C., helping them secure justice, accountability, and compensation.
Our Commitment to Employee Rights
We represent employees only. This exclusive focus allows us to advocate aggressively for workers without conflicts of interest. Our practice covers a wide range of employment disputes affecting workers throughout New York, New Jersey, Pennsylvania, and Washington, D.C., including New York City, Long Island, upstate New York, northern and southern New Jersey, Philadelphia, Pittsburgh, Harrisburg, Washington D.C., and surrounding areas.
Sexual Harassment
Sexual harassment creates hostile work environments through unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Federal and state laws prohibit sexual harassment by supervisors, coworkers, clients, customers, and other third parties.
Types of Sexual Harassment
Quid pro quo harassment: Supervisors or managers condition employment benefits on submission to sexual demands or retaliate when demands are rejected.
Examples:
- Promising promotions, raises, or favorable assignments in exchange for sexual favors
- Threatening termination, demotion, or poor performance reviews if sexual advances are rejected
- Punishing employees who refuse sexual demands through adverse employment actions
Hostile work environment harassment: Unwelcome sexual conduct creates intimidating, hostile, or offensive work environments affecting employees' ability to perform their jobs.
Examples:
- Unwanted touching, groping, or physical contact
- Lewd comments, sexual jokes, or sexually explicit conversations
- Displaying or sharing pornographic images, videos, or materials
- Making sexual gestures or sounds
- Persistent requests for dates or sexual relationships after rejection
- Comments about employees' bodies, appearance, or sexual activities
- Sexual assault or attempted sexual assault
Liability for Sexual Harassment
Employer liability: Employers are liable for sexual harassment by supervisors, managers, and coworkers when they knew or should have known about harassment and failed to take prompt, effective corrective action.
Supervisor harassment: Employers are automatically liable for supervisors' quid pro quo harassment. For hostile work environment harassment by supervisors, employers may be liable unless they can prove they took reasonable preventive measures and the employee unreasonably failed to use available complaint procedures.
Third-party harassment: Employers must take reasonable steps to prevent and address harassment by clients, customers, vendors, or other third parties.
Single Incident Harassment
Severe harassment may violate the law even if it occurs only once. Single incidents of sexual assault, attempted sexual assault, or extremely offensive conduct can establish hostile work environments without pattern of repeated behavior.
Workplace Discrimination
Federal and state laws prohibit employment discrimination based on protected characteristics. Discrimination occurs when employers treat employees or applicants unfavorably because of protected status.
Protected Characteristics
Sex and gender: Discrimination based on biological sex, gender identity, gender expression, or transgender status.
Race, color, and national origin: Discrimination based on race, skin color, ethnicity, national origin, ancestry, or accent.
Religion and creed: Discrimination based on religious beliefs, practices, or observances. Employers must provide reasonable accommodations for religious practices unless doing so creates undue hardship.
Disability: Discrimination based on physical or mental disabilities. Employers must provide reasonable accommodations enabling qualified individuals with disabilities to perform essential job functions unless accommodations create undue hardship.
Pregnancy: Discrimination based on pregnancy, childbirth, or related medical conditions. Employers must provide reasonable accommodations for pregnancy-related limitations.
Age: Age discrimination protects workers 40 years and older from adverse treatment based on age.
Sexual orientation and gender identity: Federal law (as interpreted by courts) and state/local laws prohibit discrimination based on sexual orientation and gender identity.
Marital status: Some state and local laws prohibit discrimination based on marital status.
Genetic information: Federal law prohibits discrimination based on genetic information or family medical history
Hiring discrimination: Refusing to hire qualified applicants because of protected characteristics.
Wrongful termination: Firing employees because of protected status.
Disparate treatment: Treating similarly situated employees differently because of protected characteristics (unequal pay, benefits, promotions, assignments).
Harassment: Creating hostile work environments based on protected characteristics.
Denial of promotions or advancement: Limiting career advancement opportunities because of protected status.
Retaliation: Punishing employees for opposing discrimination or participating in discrimination investigations.
Failure to accommodate: Refusing to provide reasonable accommodations for disabilities or religious practices.
Constructive discharge: Creating intolerable work conditions forcing employees to resign.
Whistleblower Retaliation
Federal and state laws protect employees who report illegal conduct, safety violations, fraud, or other misconduct. Retaliation against whistleblowers is illegal and actionable.
Protected Whistleblowing Activity
Reporting discrimination or harassment: Complaining about discrimination or harassment affecting yourself or others.
Reporting safety violations: Reporting unsafe working conditions, OSHA violations, or workplace hazards.
Reporting illegal conduct: Reporting fraud, financial misconduct, regulatory violations, or criminal activity.
Healthcare whistleblowing: Reporting patient safety violations, Medicare/Medicaid fraud, quality of care issues, or improper medical practices.
Government contract fraud: Reporting false claims, contract violations, or fraud involving government contracts (False Claims Act).
Securities fraud: Reporting violations of securities laws, accounting fraud, or financial misrepresentation (Sarbanes-Oxley, Dodd-Frank).
Environmental violations: Reporting environmental law violations, pollution, or improper waste disposal.
Wage and hour violations: Reporting wage theft, overtime violations, misclassification, or labor law violations.
Participating in investigations: Cooperating with government investigations, testifying in proceedings, or providing information to regulators.
Forms of Retaliation
Termination: Firing employees for engaging in protected activity.
Demotion: Reducing job titles, responsibilities, or authority.
Reduction in pay or hours: Cutting compensation or scheduling in response to protected activity.
Discipline: Issuing unwarranted warnings, write-ups, or performance improvement plans.
Negative performance reviews: Documenting false or exaggerated performance deficiencies.
Hostile treatment: Subjecting employees to increased scrutiny, hostility, or isolation.
Transfer or reassignment: Moving employees to less desirable positions, locations, or shifts.
Denial of benefits: Withholding bonuses, raises, promotions, or other benefits.
Blacklisting: Interfering with future employment opportunities through negative references or industry reputation damage.
Federal Employment Laws
Title VII of the Civil Rights Act of 1964
Prohibits employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin. Applies to employers with 15 or more employees.
Enforced by: Equal Employment Opportunity Commission (EEOC)
Remedies: Back pay, front pay, reinstatement, compensatory damages (emotional distress), punitive damages (capped based on employer size), attorney's fees.
Age Discrimination in Employment Act (ADEA)
Prohibits age discrimination against employees 40 years and older. Applies to employers with 20 or more employees.
Enforced by: EEOC
Remedies: Back pay, front pay, reinstatement, liquidated damages (for willful violations), attorney's fees.
Americans with Disabilities Act (ADA)
Prohibits discrimination based on disabilities and requires reasonable accommodations for qualified individuals with disabilities. Applies to employers with 15 or more employees.
Enforced by: EEOC
Remedies: Back pay, front pay, reinstatement, compensatory damages, punitive damages (capped), attorney's fees.
Pregnancy Discrimination Act (PDA)
Prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Amends Title VII.
Equal Pay Act (EPA)
Requires equal pay for equal work regardless of sex. No minimum employee threshold.
Enforced by: EEOC and Department of Labor
Remedies: Back pay, liquidated damages, attorney's fees.
Family and Medical Leave Act (FMLA)
Provides eligible employees with unpaid, job-protected leave for family and medical reasons. Applies to employers with 50 or more employees.
Enforced by: Department of Labor
Remedies: Back pay, reinstatement, liquidated damages, attorney's fees.
False Claims Act (FCA)
Protects whistleblowers who report fraud involving government contracts or funds. Provides qui tam provisions allowing whistleblowers to file lawsuits on behalf of government and share in recoveries.
Remedies: Reinstatement, double back pay, litigation costs, attorney's fees.
Sarbanes-Oxley Act (SOX)
Protects whistleblowers at publicly traded companies who report securities fraud, accounting fraud, or shareholder fraud.
Remedies: Reinstatement, back pay, special damages, attorney's fees.
Dodd-Frank Act
Provides monetary rewards and anti-retaliation protections for whistleblowers who report securities law violations to SEC.
State and Local Employment Laws
New York
New York State Human Rights Law (NYSHRL): Prohibits discrimination and harassment based on protected characteristics. More expansive than federal law, covering employers with four or more employees and providing uncapped damages.
New York City Human Rights Law (NYCHRL): One of the strongest anti-discrimination laws in the nation. Applies to employers with four or more employees. Provides broader protections and lower thresholds for liability than federal and state law. Allows compensatory damages, punitive damages, and civil penalties.
New York Labor Law § 740: Protects private sector whistleblowers who report violations of laws, rules, or regulations creating substantial and specific danger to public health or safety. Provides broad retaliation protections.
New York Labor Law § 741: Protects healthcare workers who report quality of care issues or violations affecting patient safety.
Remedies under New York law: Back pay, front pay, compensatory damages (emotional distress, uncapped in many cases), punitive damages, attorney's fees, civil penalties.
New Jersey
New Jersey Law Against Discrimination (NJLAD): One of the strongest anti-discrimination statutes in the nation. Covers employers with one or more employees (for most protected classes). Prohibits discrimination based on race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, gender identity or expression, disability, nationality, sex, and pregnancy. Provides uncapped damages.
Conscientious Employee Protection Act (CEPA): New Jersey's powerful whistleblower statute protecting employees who report or refuse to participate in illegal, fraudulent, or harmful activities. One of the broadest whistleblower protections in the nation.
Remedies under New Jersey law: Back pay, front pay, reinstatement, compensatory damages (emotional distress, uncapped), punitive damages, attorney's fees.
Pennsylvania
Pennsylvania Human Relations Act (PHRA): Prohibits employment discrimination based on race, color, religious creed, ancestry, age, sex, national origin, disability, and other protected characteristics. Applies to employers with four or more employees.
Enforced by: Pennsylvania Human Relations Commission (PHRC)
Whistleblower Law (43 P.S. § 1421 et seq.): Protects public employees who report wrongdoing, waste, or violations of law.
Remedies under Pennsylvania law: Back pay, front pay, compensatory damages, punitive damages, attorney's fees.
Washington, D.C.
D.C. Human Rights Act: Prohibits discrimination based on race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, political affiliation, and other protected characteristics.
Enforced by: D.C. Office of Human Rights
Whistleblower Protection Act: Protects District government employees who report waste, fraud, abuse, or violations of law.
Remedies under D.C. law: Back pay, front pay, compensatory damages, punitive damages, attorney's fees.
Legal Process and Remedies
Administrative Complaints
Many discrimination and harassment claims require filing administrative complaints with EEOC or state/local human rights agencies before filing lawsuits.
EEOC process:
- File charge of discrimination within 180 days (or 300 days in states with agencies)
- EEOC investigates and attempts conciliation
- EEOC issues right-to-sue letter
- Lawsuit must be filed within 90 days of receiving right-to-sue letter
State/local agency process:
- File complaint with state or local agency (NYS Division of Human Rights, NJ Division on Civil Rights, PHRC, DC Office of Human Rights)
- Agency investigates and attempts resolution
- If resolution fails, cases may proceed to administrative hearings or civil lawsuits
Direct filing: Some state and local laws allow direct filing of lawsuits without exhausting administrative remedies (particularly NYCHRL and NJLAD).
Civil Lawsuits
When administrative processes do not resolve claims, civil lawsuits pursue full compensation through:
Discovery: Document production, depositions, interrogatories, and subpoenas to gather evidence.
Motion practice: Summary judgment motions and other pre-trial motions.
Settlement negotiations: Many cases settle before trial through negotiations or mediation.
Trial: Jury or bench trials when settlements cannot be reached.
Appeals: Appealing adverse decisions when appropriate.
Potential Compensation
Economic damages:
- Back pay (lost wages from termination or other adverse actions)
- Front pay (future lost earnings when reinstatement is not feasible)
- Lost benefits (health insurance, retirement contributions, bonuses)
- Out-of-pocket expenses
- Job search expenses
Non-economic damages:
- Emotional distress
- Mental anguish
- Humiliation and embarrassment
- Loss of reputation
- Damage to professional standing
Punitive damages: Available when employers acted with malice or reckless indifference (subject to caps under federal law but often uncapped under state laws like NJLAD and NYCHRL).
Attorney's fees and costs: Prevailing plaintiffs are typically entitled to recover attorney's fees and litigation costs.
Liquidated damages: Available under certain statutes (ADEA, FLSA, Equal Pay Act) for willful violations.
Reinstatement: Court-ordered return to former position with restoration of benefits and seniority.
What to Do If You Experience Workplace Discrimination, Harassment, or Retaliation
Document Everything
- Keep detailed notes of discriminatory or harassing incidents (dates, times, locations, witnesses)
- Save emails, text messages, and other written evidence
- Document performance reviews and evaluations
- Preserve evidence of complaints made to supervisors or HR
- Keep copies of employment policies and handbooks
Follow Internal Complaint Procedures
Many employers require using internal complaint procedures before legal action. File written complaints with HR or designated officials, but recognize that HR works for the employer, not employees.
Preserve Electronic Evidence
- Save work emails and documents to personal devices (when legally permissible)
- Screenshot text messages and social media communications
- Preserve voicemails
Do Not Resign Without Consulting an Attorney
Resigning may waive certain claims or reduce damages. Consult with an attorney before resigning, even if work conditions are intolerable.
Do Not Sign Severance Agreements Without Legal Review
Severance agreements typically require releases of legal claims. Have an attorney review before signing to understand what rights you are waiving and whether the consideration is adequate.
Consult with an Employment Attorney Immediately
Employment law involves strict deadlines (administrative filing deadlines, statutes of limitations). Early consultation preserves claims and maximizes legal options.
Employee-only representation: We never represent employers, eliminating conflicts of interest and allowing aggressive advocacy for workers.
Multi-jurisdiction experience: Licensed to practice in New York, New Jersey, Pennsylvania, and Washington, D.C., we handle employment cases throughout these jurisdictions.
Comprehensive legal knowledge: Deep understanding of Title VII, ADA, ADEA, FMLA, NYSHRL, NYCHRL, NJLAD, CEPA, PHRA, D.C. Human Rights Act, and other employment statutes.
Administrative expertise: Experience with EEOC, state human rights agencies, and administrative proceedings.
Litigation experience: Proven track record in employment litigation through trial and appeal.
Strategic approach: Evaluating each case to determine optimal legal strategy (administrative resolution, settlement negotiation, or litigation).
Contingency fee basis: Most employment cases handled on contingency, meaning you pay no attorney fees unless we recover compensation for you.
Contact Us Today
If you have experienced workplace discrimination, sexual harassment, or whistleblower retaliation, you have legal rights and options. Acting quickly is essential to preserve claims and maximize recovery.
At the Law Offices of Matthew Cohan, we represent employees exclusively throughout New York, New Jersey, Pennsylvania, and Washington, D.C. We fight for workers who have been wronged by their employers and pursue accountability and full compensation.
Contact us today for a free, confidential consultation. Call (516) 375-1107 or submit our online contact form.
Protect your rights, your career, and your future with experienced employment law advocacy.
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