How to File a Discrimination Claim in New York
New York employees have recourse against discrimination in the workplace. Taking action may feel like an overwhelming step, but there are options. It is the right of every New Yorker to work in an environment free from discrimination and harassment.
The first step is identifying the act negatively impacting you. Trusted support is available when you work with experienced Central New York employment lawyers who understand the steps you need to take to move forward with action to prevent discrimination in a New York workplace.
Identify the Correct Administrative Agency
There are several administrative agencies available to file a discrimination complaint with. For employees whose job was secured through a New York State Career Center referral or who have a complaint against the New York State Department of Labor or one of its employees or programs, a discrimination complaint may be filed with the following:
- New York State Department of Labor: Division of Equal Opportunity Development (DEOD)
- Civil Rights Center (CRC): crcexternalcomplaints@dol.gov or (202) 693-6500
Complaints against an employer in positions that were obtained without assistance from the New York State Career Center or own your own may be filed with the following entities:
Individuals experiencing discrimination in New York City may contact the following agency:
Cross-filing with another agency may be an option to prevent having to file multiple complaints. Indicate with the original agency when filing a complaint that you want to cross-file your complaint if possible.
File Within the Deadline
Each agency has a specified filing date. These dates can be different depending on local laws also addressing discriminatory acts. It is always best to file as soon as possible to avoid missing essential deadlines, and a breakdown of these times is addressed in the FAQ section here.
What to Include in a Discrimination Complaint
Online forms will provide the questions to answer. It is essential to begin personal documentation of the discriminatory behavior as soon as it begins. Concrete dates, times, and the names of individuals who may have witnessed the behavior provide strong support.
Additionally, save any correspondence that may have been shared with you containing discriminatory language. These interactions could be emails, reviews, or any correspondence that may indicate an inappropriate action. An explanation of why you feel the behavior occurred should also be included.
Is Assistance Recommended in Filing a Complaint?
Specific legal implications exist depending on which agency you file with. Complaints with certain agencies can only be filed with one venue, depending on the course of action and if you plan to pursue a lawsuit. Obtaining representation with a New York employment lawyer will allow you to make the best choice for filing a complaint while keeping your options open to legal action.
The statute of limitations for filing a lawsuit in New York for unlawful discriminatory practices is three years. While many claims do not require a lawsuit, filing within the appropriate limits is necessary. This filing period has been extended to all cases of discriminatory action occurring on or after February 15, 2024.
If the incident you experienced occurred before this date, the time limit to file a lawsuit may be one year from the incident. Speak with a work discrimination lawyer in New York to ensure the deadlines are met.