Retaliation After You Quit or Are Fired: References, Personnel Files and Lawsuits in New York

Protection from retaliation does not end on your last day of work. Under federal law, the U.S. Supreme Court held in Robinson v. Shell Oil Co. that Title VII's anti-retaliation provision covers former employees, in a case about a negative job reference allegedly given because the former employee had filed an EEOC charge.⁠^[1] Under New York State law, Labor Law § 740 defines "employee" to include former employees.⁠^[2] The retaliation clauses of the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) are each written to protect "any person" who engaged in protected activity.⁠^[7][6]

This guide covers what an employer does after the job has ended. For the basics, start with what workplace retaliation is in New York.

Which laws protect a former employee?

Law	Layer	What the text or the courts say about former employees
Title VII	Federal	The Supreme Court held that the term "employees" in Title VII's anti-retaliation provision includes former employees, reasoning that this is more consistent with the provision's purpose of maintaining unfettered access to Title VII's remedial mechanisms.⁠[1]
NYSHRL, Executive Law § 296(7)	New York State	The clause makes it unlawful to retaliate or discriminate against "any person" because that person opposed a forbidden practice, filed a complaint, testified or assisted in a proceeding, or requested a reasonable accommodation.⁠[7]
NYCHRL, Administrative Code § 8-107(7)	New York City	The clause forbids retaliating or discriminating "in any manner" against "any person" because of six listed protected activities, including commencing a civil action under the City law.⁠[6]
Labor Law § 740 (whistleblower law)	New York State	"Employee" includes former employees, and "retaliatory action" includes actions or threats that would adversely impact a former employee's current or future employment.⁠[2][3]
Labor Law § 215 (Labor Law complaints)	New York State	A court may act on a violation within two years after it occurs "regardless of the dates of employment of the employee."⁠[8]

Coverage of the employer differs by layer. Under federal law, Title VII applies only to employers with 15 or more employees.⁠^[9] Under New York State law, the NYSHRL covers all employers within the state.⁠^[10] See which employers are covered.

Job references and statements to a new employer

Under federal law, the EEOC's guidance gives three examples of retaliation by a former employer: giving an unjustified, untruthful negative job reference, refusing to provide a job reference, and informing a prospective employer about the person's prior EEO complaint.⁠^[11] That guidance is the agency's position and does not have the force of law.⁠^[12]

The federal appeals court that covers New York, the Second Circuit, has dealt with a reference case. In Jute v. Hamilton Sundstrand Corp., a former supervisor told an inquiring company that he could not discuss the plaintiff because she "had a lawsuit pending," which was false, and the court vacated the dismissal of that allegation of her Title VII retaliation claim, holding that the district court had "required too much."⁠^[13]

The EEOC's guidance also says protection extends to a person whose protected activity involved a different employer, such as an applicant who is not hired because she filed a charge against a former employer.⁠^[14] In its illustration, a former supervisor tells a prospective employer that an applicant was a "troublemaker" who started a sex harassment lawsuit, the offer is withdrawn, and the guidance concludes that both the old and the new company can be liable for retaliation under federal law.⁠^[14]

New York State's model sexual harassment prevention policy lists "refusing to provide a reference or providing an unwarranted negative reference" and "publicly releasing personnel files" among its examples of retaliation.⁠^[15]

When a negative reference is not retaliation

In the EEOC's guidance on the federal laws, where an employer usually provides information about former employees and its negative statements were honest assessments of job performance, retaliation would not be found unless it can be concluded that the reference was given because of the discrimination claim.⁠^[5] The same guidance says that an employer that routinely declines to give information about former employees, but departed from that practice for a person who engaged in protected activity, has given evidence that its explanation may be a pretext.⁠^[5]

Releasing personnel files

Under the New York State Human Rights Law, since March 16, 2022, the retaliation clause has said that retaliation "may include, but is not limited to" disclosing an employee's personnel files because the employee opposed a forbidden practice, filed a complaint, testified or assisted in a proceeding.⁠^[4] Requesting a reasonable accommodation was added to that list in December 2025.⁠^[16][4]

The State clause has an exception: it does not reach a disclosure made in the course of commencing or responding to a complaint in a Human Rights Law proceeding or any other civil or criminal action or judicial or administrative proceeding, as permitted by applicable law.⁠^[4] The same 2022 law gave the New York Attorney General power to bring a court action when the Attorney General believes an employer has violated, is violating, or is about to violate the State retaliation clause.⁠^[17]

For what New York employers may and may not do with employee records in general, see employer monitoring, email and personnel files.

Lawsuits, police reports and public statements

Under federal law, retaliation is not limited to acts inside the workplace. The Supreme Court said in Burlington Northern that an employer can effectively retaliate by taking actions not directly related to employment or by causing harm outside the workplace, and it cited a case finding actionable retaliation where an employer filed false criminal charges against a former employee who had complained about discrimination.⁠^[18]

The EEOC's list of possible materially adverse actions under the federal laws includes disparaging the person to others or in the media, making false reports to government authorities, and filing a civil action.⁠^[19] That list is the EEOC's reading of the federal laws it enforces and does not have the force of law.⁠^[12]

The EEOC's list also includes threatening deportation or initiating action with immigration authorities because of protected activity.⁠^[19] Under New York State law, Labor Law § 740 counts as retaliation threatening to contact or contacting immigration authorities about an employee or former employee's suspected status.⁠^[3][20] See threats about immigration status.

Threats meant to stop a claim

Under the federal ADA, it is unlawful to coerce, intimidate, threaten or interfere with a person exercising ADA rights, and the EEOC's guidance gives as an example telling a former employee that a negative job reference will be given to prospective employers if the former employee files an ADA lawsuit.⁠^[21][22] In New York City, it is a separate unlawful practice under the NYCHRL to coerce, intimidate, threaten or interfere with any person in the exercise of rights the City law protects.⁠^[23]

What about "blacklisting"?

"Blacklisting" is an everyday word for conduct that damages a former employee's chances with other employers. Under New York State law, Labor Law § 740 treats as retaliatory any action, or threat of action, that would adversely impact a former employee's current or future employment.⁠^[3] The New York False Claims Act, a State law, protects a current or former employee who is harmed or penalized by an employer or a prospective employer because of lawful acts in furtherance of an action under that Act or other efforts to stop a violation of it.⁠^[24] Under federal law, the EEOC's guidance treats a prospective employer that withdraws an offer because of an applicant's earlier discrimination complaint as potentially liable for retaliation.⁠^[14]

How serious does the act have to be?

The test differs by layer. Under federal law, the act must be one a reasonable employee would have found materially adverse, meaning it well might have dissuaded a reasonable worker from making or supporting a charge of discrimination; petty slights and minor annoyances do not qualify.⁠^[25][18] In New York City, the NYCHRL does not call for an ultimate employment action or a materially adverse change in terms and conditions; the act must be reasonably likely to deter a person from engaging in protected activity.⁠^[6] The State law is to be construed liberally for its remedial purposes regardless of how comparably worded federal civil rights laws have been construed.⁠^[26]

For each test and for how the link to the complaint is shown, see what counts as a retaliatory act, proving retaliation and retaliation under the NYC Human Rights Law.

If you signed a severance agreement

Many people leave with a severance agreement that releases claims. Under federal law, a person who has signed a release can still file a charge with the EEOC, and an agreement cannot limit the right to testify, assist or participate in an EEOC investigation, hearing or proceeding.⁠^[27] What a release does and does not give up is covered in severance agreements and releases.

Time limits for a claim over post-employment retaliation

Claim	Layer	Time limit stated in the source
Title VII retaliation	Federal	The EEOC's New York District Office states that an individual has 300 days from the date of the alleged harm to file a charge.⁠[28]
NYSHRL retaliation	New York State	A complaint to the Division of Human Rights within three years after the alleged unlawful discriminatory practice, or a court action within three years.⁠[29][30]
NYCHRL retaliation	New York City	A complaint to the NYC Commission on Human Rights within one year, or a civil action within three years, after the alleged unlawful discriminatory practice.⁠[31][32]
Labor Law § 740	New York State	A civil action within two years after the alleged retaliatory action was taken.⁠[33]

Rules for public employers and other special cases differ. See retaliation deadlines compared and the full table of New York employment claim deadlines.

Practical notes for former employees and for employers

• Former employees: write down what you were told about a reference or a withdrawn offer, who told you, and when, along with the date you first complained.
• Employers and HR staff: decide in advance who answers reference calls and what information is given, and apply that practice the same way to everyone. In the EEOC's guidance on the federal laws, a reference that follows the employer's usual practice and gives an honest assessment of performance is treated differently from one that tells a prospective employer about a prior complaint.⁠^[11][5]

Related guides: retaliation against witnesses and family members and New York's whistleblower law.