How do I file a discrimination lawsuit in NY?

The state law protects employees and other individuals against unlawful discrimination in a workplace, public property, and various settings. Moreover, the law also makes it unlawful to reserve the right to provide services or products to a customer without reasonable belief.

The law prohibits employment discrimination, insurance discrimination, public discrimination, and all other types of discrimination outlined in the New York State law.

As an individual, it’s essential that you understand your rights and fight against unjust oppression. The state of New York possesses countless laws to battle against unreasonable prejudice.

Kinds Of Discrimination Against State Law In New York

New York City law covers a wide variety of protected classes. These protected groups are as follows:

• Race, color, and national origin;
• Religion and religious activities;
• Sex, age, marital status, and familial status;
• Disabilities (physical, mental, or genetic);
• Sexual orientation and gender identity;
• The lawful use of any product or lawful enjoyment of recreational activities;
• Military status and political activities;
• Prior criminal and civil conviction record (conditional);
• Victim status.

In addition, certain cities in the state disallow discrimination against an individual’s credit score, financial status, or credit history.

Employers are required to provide adequate accommodations to pregnant and disabled employees. The New York State Human Rights Law further discusses each class’s definition.

Certain cities in the United States may have their own adaptation of the anti-discrimination law. Consulting a New York City discrimination attorney can help you navigate and understand your local anti-discrimination law.

Grounds For A Discrimination Lawsuit In New York

According to the New York City Human Rights Law, discrimination is defined as the unlawful targeting of an individual, or a community of people, based on their identity, characteristics, or disabilities.

The court passed several bills to prevent discrimination in employment opportunities, workplaces, public places, accessibility to goods, etc.

• Equal Pay Act of 1963. The Equal Pay Act of 1963 is established to address the evident wage disparity between genders. President J. F. Kennedy signed the bill into law on June 10, 1963.
• Age Discrimination in Employment Act (ADEA) of 1967. The Age Discrimination in Employment Act of 1967 makes it unlawful for employers to reject a lawful adult applicant based solely on their age.
• Rehabilitation Act of 1973. The Rehabilitation Act of 1973 makes it unlawful for federal government employers to deny an applicant’s application based on their disabilities.
• Americans With Disabilities Act (ADA) of 1990. The Americans with Disabilities Act of 1990 makes it illegal for employers of any sector to discriminate against an individual based on their mental and physical disabilities. The legislation of ADA is rooted in Section 504 of the Rehabilitation Act of 1973.
• Civil Rights Act of 1991. The Civil Rights Act of 1991 allows discriminated employees to recover damages from their employer.
• Genetic Information Nondiscrimination Act (GINA) of 2008. The Genetic Information Nondiscrimination Act of 2008 makes it unlawful to discriminate against an individual with congenital disabilities in terms of employment and insurance rights.

How Do I File A Discrimination Lawsuit In NY?

Individuals who experienced unfair treatment based on their characteristics, identity, or disabilities can file a discrimination claim in New York City.

New Yorkers have various options when submitting a discrimination lawsuit against a discriminating person.

You can report an act of discrimination violating the federal law to the U.S. EEOC (Equal Employment Opportunity Commission).

You can also submit a lawsuit to The New York State Division of Human Rights. This government agency handles violations of the New York State Human Rights Law.

In addition, you can also report violations to the New York City Commission on Human Rights. This department handles violations of City Human Rights Law.

A federal law violation needs to be reported within 90 days to the federal or state court. Hiring an NYC discrimination lawyer can help you further your chance of recovering damages or winning your discrimination claim.

New York City Commission on Human Rights

The NYC-CHR, or the New York City Commission on Human Rights, oversees violations of Title VII of the New York City Administrative Code and the New York State Human Rights Law (NYS-HRL). This agency is also in charge of promoting and enforcing fair community relations.

The NYC-CHR comprises two implementing arms — the Law Enforcement Bureau and the Community Relations Bureau.

The Law Enforcement Bureau takes your discrimination case and initiates the case investigation. In contrast, the Community Relations Bureau propagates Human Rights education through community service centers.

You may file a discrimination claim with the NYC-CHR if your employer has four (4) or more employees.

You have up to one year to file a discrimination claim in the New York City Commission on Human Rights.

However, if your discrimination claim involves a Title VII violation, you must file a discrimination claim within 240 days of the discriminatory act.

New York State Division of Human Rights

The NYS-DHR, or the New York State Division of Human Rights, is the implementing body of the New York State Human Rights Law.

Since its establishment in 1945, the State Law has protected employees from unfair treatment and opportunities from their employers.

The NYS-DHR comprises multiple units, each serving its function to protect the rights of New Yorkers. The agency’s primary purpose is to oversee all individual discrimination cases reported in the state.

We compiled the addresses of the NYS-DHR’s city or regional offices:

• Albany: Agency Building 1, 2nd Floor, Empire State Plaza, Albany, New York 12220
• Binghamton: 44 Hawley Street, Room 603, Binghamton, New York 13901
• Bronx (Headquarters): One Fordham Plaza, 4th Floor, Bronx, New York 10458
• Brooklyn: 55 Hanson Place, Room 1084, Brooklyn, New York 11217
• Buffalo: Main Place Tower, 350 Main Street, 10th Floor, Suite 1000B, Buffalo, New York 14202
• Long Island (Hempstead): 50 Clinton Street, Suite 301, Hempstead, NY 11550
• Long Island (Hauppauge): State Office Building, 250 Veterans Memorial Highway, Suite 2B-49, Hauppauge, New York 11788
• Manhattan: Adam Clayton Powell State Office Building 163 West 125th Street, 4th Floor, New York, New York 10027
• Office of Sexual Harassment Issues/Queens: 55 Hanson Place, Room 900, Brooklyn, New York 11217
• Rochester: One Monroe Square, 259 Monroe Ave., Suite 308, Rochester, New York 14607
• Syracuse: 333 E. Washington Street, Room 543, Syracuse, New York 13202
• White Plains: 7-11 South Broadway, Suite 314, White Plains, New York 10601

Similar to NYC-CHR, a victim needs to file a lawsuit up to one year from the date of discriminatory action. Likewise, if the case involves a Title VII violation, you must file it within 240 days.

As a victim, it’s crucial to remember that both of these agencies are court alternatives. This means that if you file a case in these agencies, you also give up your right to file a discrimination lawsuit in court.

Seeking consultation with an experienced discrimination attorney can help you identify the best course of action to take for your case.

Equal Employment Opportunity Commission

EEOC, or the Equal Employment Opportunity Commission, enforces and oversees the federal anti-discrimination law. This agency is responsible for handling a federal discrimination claim.

In contrast with the NYC-CHR, this agency primarily handles discrimination cases from employers with 15 or more employees.

The agency aims to create an inclusive workplace and stop workplace discrimination throughout the country. Part of the agency’s primary function is to conduct a meticulous investigation of the discrimination case.

Suppose the agency finds that the victim suffered from workplace discrimination, they can help the individual recover damages for their employer’s prejudice. Otherwise, they can help you file a lawsuit against your employer after a thorough assessment.

The agency considers the following before filing a lawsuit:

• Evidence collected;
• Nature of the case;
• Impact of the case and its possible outcome.

When you file a complaint to the EEOC, there is a statute of limitation. A victim only has up to 180 days to file a discrimination complaint with the agency from the incident date. However, this can extend up to 300 days when you ‘cross-file’ with other agencies.

Cross-filling means that the agency where you filed your complaint will work with other state or local human rights agencies. This allows you to have an ongoing case with more than one human rights agency.

EEOC Mediation

An EEOC Mediation is a voluntary and alternative method to resolve a dispute or discriminatory case. The Mediation process is spearheaded by an internal EEOC Mediator or an external Mediator.

Mediators will not dictate who is the at-fault party. Instead, they will help both parties explore available options to settle the case.

In most cases, the Mediation process initiates before the investigation begins. This helps the court save valuable time and resources by avoiding in-depth investigation.

Although bringing a representative during a Mediation is not necessary, you may choose to do so. However, they cannot speak on your behalf. Instead, they can only give legal advice and insights.

On average, an EEOC Mediation process can last between 3 and 4 hours. The EEOC Mediation is entirely voluntary.

EEOC Investigation

If you decide to opt out of Mediation, the EEOC will initiate the investigation of your case. The process will start with the victim submitting a complaint to the EEOC’s website or physical office.

The EEOC sets a statute of limitation of 180 days for a victim to file a discrimination claim. In most employment discrimination cases, an EEOC investigation takes 180 days. However, the EEOC will inform you if they need more time to complete the investigation of your case.

When the agency identifies that your employer discriminated against you, they will attempt to settle charges with your employer. Otherwise, they can issue a ‘Notice of Right to Sue,’ allowing you to take the case to court.

In contrast, if the agency cannot identify a discrimination case, they will still issue a Notice of Right to Sue, but they will not completely assist you with the process.

Procedure in Making a Discrimination Complaint to EEOC

Filing a discrimination complaint with the EEOC is a pretty straightforward process. You can submit a request via email, phone call, website contact form, or by sending a mail to their office. Filing discrimination claims with EEOC follows a simple procedure:

1. Submit a complaint to the EEOC.
2. An EEOC representative will take your case and offer a Mediation.
3. When either party rejects Mediation, the investigation begins.
4. If the investigation shows that the employer discriminated against an employee, the agency will begin the settlement process before filing a discrimination lawsuit.
5. If the investigation does not show that the employer was wrong, the agency can issue a Notice of Right to Sue to the victim. The victim can take the case to court if they prefer. 

What Your Discrimination Complaint Should Contain

Here is the information you need to file a discrimination claim in New York City:

• Information of the discriminated party. You need to obtain their name, address, and contact number.
• Information of the discriminating party. This requires similar details from the discriminated party. Obtain the name, residential address, and active contact number.
• Overview of the incident. Provide accurate documentation of the incident. Make sure to elaborate on the discriminatory act done to you or the affected party.
• Involved parties. You also need to take note of the details of the third party involved in the incident.
• Other information about the incident. It’s also essential to specify the date, time, and place where the incident occur. This detail is vital in determining the statute of limitations.

Seeking the assistance of an esteemed lawyer can help you navigate through the filing process. Moreover, they can provide astute insights into your case and help you make the best decision.

Filing A Discrimination Claim Has A Deadline. Don’t Delay!

A statute of limitations exists when you file a New York City discrimination claim. Failure to submit a formal complaint within the provided timeline may automatically deny your case.

The statute of limitations varies per state or local agency. We listed the limits provided by each agency below:

• One year. The New York City Commission on Human Rights (NYC-CHR) and New York State Division on Human Rights (NYS-DHR) provide a one-year limitation.
• Two hundred forty days. When you report a Title VII violation, the NYC-CHR and NYS-DHR will only allow you to file a claim within 240 days from the incident date.
• One hundred eighty days. On the other hand, the Equal Employment Opportunity Commission (EEOC) provides a limitation of 180 days.
• Three hundred days. However, when a victim decides to cross-file a discrimination case, the EEOC can extend the limitation to 300 days.

You need to act fast when you decide to file a discrimination claim. Discrimination claims only have a short statute of limitations compared to other civil cases. Hiring a discrimination lawyer can help you process your case seamlessly and efficiently.

Frequently Asked Questions