What does a “No Probable Cause” Finding Mean?
If the New York State Division of Human Rights finds “no probable cause” that discrimination occurred, your case is dismissed. No hearing will be scheduled.
You can file an Article 78 petition within 60 days in the New York State Supreme Court to overturn this determination of the New York State Division of Human Rights as “arbitrary and capricious.”
Most employees have both Federal and New York State claims. For instance, Federal laws cover race, religion, and national origin discrimination (Title VII of the Civil Rights Act of 1964), disability discrimination (Americans with Disabilities Act), and age discrimination (Age Discrimination in Employment Act). So, the New York State Division of Human Rights usually cross-files with the Equal Employment Opportunity Commission (“EEOC”) to preserve the federal claims. After a claim is dismissed from the New York State Division of Human Rights, the EEOC will issue a Notice of Right to Sue Letter (“NORTS”) within a few weeks. Once you receive the NORTS, you have 90 days to file a Summons and Complaint in Federal Court for the federal claims.