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Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 2957
Experience:  Licensed to practice before state and federal court
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Is there a law, federal, state or city, in new york that

Customer Question

is there a law, federal, state or city, in new york that when you file a discrimination complaint, that anything in that complaint that is being investigated is to be put on hold? ( for example. I didn't get the job or promotion because of what happened in my complaint. Yet my employer want and filled or promoted some else after I filed my complaint that is still open) is there a law and what law and section of it that says anything like that?
Submitted: 11 days ago.
Category: Employment Law
Expert:  Legal Eagle replied 11 days ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

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Expert:  Legal Eagle replied 11 days ago.

I'm sorry to hear about your situation. Generally, there is nothing that requires that anything in the complaint be put on hold. However, you can request an injunction if you have filed a complaint. Injunctions keep the status quo during a lawsuit, but that is only if you file a lawsuit in court. If you haven't filed a lawsuit, then you won't be entitled to an injunction. If you did file a lawsuit, you can submit a request to the court to prohibit the position from being filled until the lawsuit is over.

Expert:  Legal Eagle replied 11 days ago.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 9 days ago.
that wouldn't be considered an adverse work action?
Expert:  Legal Eagle replied 9 days ago.

You could certainly argue that. In addition, you could also argue that this is retaliation for filing the complaint, which is illegal under state and federal law. That is something that you could either a) add to your damages or b) include in your complaint where you are looking to get an injunction.