A “NO PROBABLE CAUSE” FINDING

If the NYSDHR finds “no probable cause,” the case is dismissed.  You can then file an Article 78 petition within 60 days in the New York State Supreme Court to overturn this finding as “arbitrary and capricious.”  In addition, if the charge was cross-filed with the Equal Employment Opportunity Commission (“EEOC”), the EEOC will issue a Notice of Right to Sue Letter (“NORTS”) within a few weeks after the NYSDHR dismissed the charge.  Once you receive the NORTS, you have 90 days to file a Summons and Complaint in Federal Court.