You Do Not Need a Lawyer to File A Complaint of Discrimination
You can file a complaint or charge of discrimination at the New York State Division of Human Rights (NYSDHR) by completing a form, which is available at Filing a Complaint at the NYSDHR.
- Once you get to the form, follow the interactive menu and click “next” at the bottom of the page and continue to provide information. After you complete the charge of discrimination, the New York State Division of Human Rights will docket it, assign a charge number, and serve it upon your employer.
- Your employer will then respond by submitting a “position statement,” in which it will likely deny any discrimination.
- Then, the NYSDHR will forward the employer’s position statement to you, so that you may rebut the employer’s allegations.
- In the rebuttal, you should include any evidence–especially objective evidence, like documents, emails, affidavits (sworn statements) or other statements from third parties–which demonstrate that the employer’s contentions are false.
- Ultimately, the investigator and the Regional Director will determine whether or not there is “probable cause” that discrimination occurred.
The Timing of Your Complaint is Key
- A complaint of discrimination must be filed within one year of the last act of discrimination, or three years, if the claim is for sexual harassment. Otherwise, the NYSDHR will dismiss the charge as untimely.
- Aside from filing at the NYSDHR, an employee may file a Summons and Complaint in New York State Court within 3 years of the date of the last act of discrimination. A Summons and Complaint compels the defendant to appear in court to defend himself in civil court against a charge made against him.
- If the charge of discrimination was initially filed at the NYSDHR and dismissed with “no probable cause,” then you have elected your remedy (penalty, consequence or compensation) and cannot file a claim in State Court.
Filing Your Complaint with the Equal Employment Opportunity Commission
Although separate filing is not necessary, you may also file at the Equal Employment Opportunity Commission (EEOC) within 300 days of the last act of discrimination. However, a claim filed at the NYSDHR within 300 days of the last act of discrimination is automatically cross-filed at the EEOC.
If you choose to, you can also file a complaint of discrimination with the help of a lawyer.
Some, but not all, of the types of discrimination are discussed on this site.