Second Circuit Court of Appeals Confirms Anti-Retaliation Provisions in Employment Cases Have Teeth

If you’re considering legal action against an employer for wage violations or other workplace misconduct, you may worry about being retaliated against. The good news? The courts have made it clear that employers cannot retaliate against you—even after your case has concluded.

A recent decision from the Second Circuit Court of Appeals in Williams v. Harry’s Nurses Registry, Inc. underscores that the law protects plaintiffs from post-judgment retaliation. Williams originally sued her former employer under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) for unpaid overtime wages. She won her case in 2013, and the Second Circuit affirmed the judgment in 2014. However, starting in 2021, the employer, Harry’s Nurses Registry (HNR), launched a campaign of harassment aimed at undermining her victory and retaliating against her for asserting her rights. HNR repeatedly attempted to overturn the judgment through frivolous legal maneuvers, including motions to reopen the case, a baseless appeal, and an attempt to transfer the case to another jurisdiction. When these efforts failed, HNR turned to public attacks, posting false accusations online, including claims that Williams was a "scammer" and a "criminal." Even more egregiously, the company published Williams’s personal identifying information (PII), including her Social Security number and date of birth, exposing her to identity theft and financial harm.

The courts didn’t stand for it. The district court ordered HNR to remove Williams’s personal information from its website and refrain from further publication. The Second Circuit upheld this decision, reinforcing that publishing a plaintiff’s PII in retaliation for winning a lawsuit is unlawful. The court found that these actions constituted clear retaliation, defining it as “[a]n employment action disadvantages an employee if it well might have dissuaded a reasonable worker from making or supporting similar charges.” Under this definition, the Court found that HNR’s publishing of William’s PII was plainly intended to punish her for having brought her successful lawsuit. The court also made clear that retaliation is not limited to termination or demotion—it includes any conduct that could discourage other employees from asserting their rights. HNR’s actions were found to be deliberate and malicious, with the court agreeing that the company had “no real or genuine or... non-delusional reason” for publishing Williams’s PII.

If an employer retaliates against you, you don’t have to just accept it. Courts can step in to protect your rights, as they did for Williams. A preliminary injunction, like the one issued here, can provide immediate relief by preventing further harm while your case proceeds. The Second Circuit recognized that Williams faced ongoing and irreparable harm, stating that monetary damages alone could not adequately remedy the situation given the risk of identity theft and the ongoing exposure of her private information. This case also highlights that retaliation isn’t limited to actions taken during employment. Even years after leaving a company, if an employer targets you because you previously exercised your rights, they can be held accountable. The court’s ruling ensures that companies cannot weaponize personal information as a form of revenge against employees who stand up for their rights.

This decision should give confidence to any worker considering legal action. The courts recognize the importance of protecting employees from retaliation, ensuring that winning your case doesn’t mean opening yourself up to harassment or personal attacks. If you believe your employer is retaliating against you—before, during, or after a lawsuit—know that the law is on your side and you should seek a consultation with an employment attorney right away.