Workplace discrimination on the basis of age, sex, race, color, religion, disabilities, and sexual orientation are treated as illegal in New York. A successful claim helps you to recover your damages, back pay, attorney’s fees and fines from your employer.
You may directly call to speak with the experienced and skilled New York employment law attorneys of Carey & Associates, P.C. to find a reliable solution for your discrimination claims. They can also help you in your various legal matters like wage and overtime claims, pension and disability benefits litigations and sexual harassment in Connecticut, New York, Manhattan, and nationwide.
Where to file for a discrimination claim?
In New York, you can file a discrimination claim with the New York Commission of Human Rights (NYCHR), the New York State Division of Human Rights (NYDHR), or the Equal Employment Opportunity Commission (EEOC). The U.S. EEOC handles the discrimination violating the federal laws for employers having more than 15 employees.
The NYDHR handles violations of the New York State Human Rights Law whereas the NYCHR handles violations of City Human Rights Law. In case your employer has more than 4 employees, you can file a discrimination claim with NYDHR and NYCHR. You can also utilize these agencies’ work-sharing agreement, known as cross-file, to make them work together to process your multiple claims.
The EEOC will initially try to settle your claim through a neutral people and this stage is called mediation. If your issues are not resolved through mediation, the EEOC will enter into an investigation stage to legally verify and settle your claims. If the EEOC decides not to file a lawsuit and is unable to reach a settlement, it will issue a Notice of Right to Sue so that you can bring your own lawsuit.
When to file for a discrimination claim?
You must file your discrimination claim in New York with the EEOC before filing a complaint in federal court. All three government agencies have different deadlines to file a discrimination claim. Once the EEOC issues a Notice of Right to Sue, you must file your lawsuit within 90 days. The EEOC allows you to file a discrimination claim before 180 days from the date of the discriminatory activity. If you utilize cross-file options, the deadline extends to 300 days.
You will have only one year without Title VII claims and 240 days with the Title VII claims to file your claim with the NYCHR and NYDHR. You have three years from the date of the discriminatory activity to file your complaint in state court.
