A “PROBABLE CAUSE” FINDING

If the NYSDHR finds “probable cause” that discrimination occurred, CONGRATULATIONS.  Your case will proceed to a hearing.  You should immediately make a Freedom of Information Law request to obtain the Master Record, or NYSDHR file.  You will have to pay a photocopying fee.

You can download the NYSDHR form to make a FOIL request here:

DOWNLOADABLE FOIL REQUEST

Once you have completed the form, you can email it to: foil@dhr.ny.gov

Or you can mail your request to the Bronx Headquarters of the NYSDHR, located at One Fordham Plaza, 4th Floor, Bronx, NY 10458, or fax it to 718-741-3217.

Prior to the hearing, the NYSDHR will schedule a one hour telephone Settlement Conference with an Administrative Law Judge (“ALJ”).  The ALJ who presides over the Settlement Conference will not be the ALJ who tries the case at a hearing.  Before the Settlement Conference, Complainant should calculate available damages, including mitigated backpay and compensatory damages for pain and suffering.  If your case involves sex discrimination, or sexual harassment, and was filed after January 19, 2016, Complainant may also be awarded counsel fees.  In rare cases, the NYSDHR will reinstate an employee to his former position. At the Settlement Conference, the ALJ will dialogue with both parties and attempt to settle the case.  If the case does not settle, it will be placed on the calendar for a hearing to occur a few months later.

Most hearings are scheduled for two consecutive days – either Monday and Tuesday, or Wednesday and Thursday.