If you are a victim of discrimination in the workplace, you have clear legal rights under state and federal law. From Title VII of the Civil Rights Act of 1964 (Title VII) to the New York State Human Rights Law (SHRL), several laws protect employees in New York against discrimination on the job.
But, as a victim of workplace discrimination, it is up to you to take legal action. Nothing is going to happen if you don’t take the necessary steps to hold your employer accountable. Depending on the circumstances at hand, this will most likely involve either (i) filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or (ii) filing a complaint with the New York Division of Human Rights.
Filing a Complaint with the EEOC
The EEOC handles employment discrimination complaints under Title VII and certain other federal laws. The EEOC also handles workplace harassment complaints, since harassment is considered a form of sex-based discrimination under Title VII. As the EEOC explains:
“Any individual who believes that his or her employment rights have been violated may file a job discrimination complaint with the EEOC. This includes applicants, employees, and former employees, regardless of their citizenship or work authorization status. . . .”
With that said, there are some limitations. Most notably, Title VII and most other federal workplace discrimination laws only apply to employers with a certain minimum number of employees. Title VII for example, only applies to employers with 15 or more employees (including part-time and temporary workers). Thus, before you focus on filing a discrimination or harassment complaint with the EEOC, you first need to determine whether you are eligible to do so. If you work for a large company, then you are almost certainly eligible (provided that you have a valid claim). However, if you work for a smaller employer, you may need to hire a lawyer to help you determine if your employer is covered under Title VII or another federal workplace discrimination law enforced by the EEOC.
Filing a complaint with the EEOC typically starts with submitting a “Charge of Discrimination.” This is a formal document, and while you can prepare and file your Charge of Discrimination on your own, it is best to hire an experienced workplace discrimination lawyer to help you. Once you submit your Charge of Discrimination, the EEOC will investigate your complaint, and then it will either work to help you secure an out-of-court resolution with your employer or issue a Notice of Right to Sue that allows you to take your complaint to court.
Importantly, strict deadlines apply throughout the process. This includes a deadline to file your complaint within 180 days of experiencing discrimination in the workplace (in some cases). When you hire an experienced workplace discrimination lawyer to represent you, your lawyer can assist you with meeting all applicable deadlines—and your lawyer can take legal action on your behalf immediately if necessary.
Filing a Complaint with the New York Division of Human Rights
Many employees in New York who experience discrimination on the job also have the option of filing a complaint with the New York Division of Human Rights. The Division of Human Rights enforces the New York SHRL, which prohibits numerous forms of workplace discrimination. This includes workplace discrimination based on certain “protected characteristics” that are not covered under Title VII or other federal anti-discrimination laws.
Additionally, while Title VII and many other federal anti-discrimination laws only apply to employers with 15 or more employees, the New York SHRL applies to all employers regardless of size. While the New York SHRL used to only apply to employers with four or more employees, this changed in 2020.
In other words, even if you aren’t covered under federal law, you may be covered under state law—and you may be able to file a complaint with the New York Division of Human Rights.
The New York Division of Human Rights has an eight-step process for handling workplace discrimination complaints that starts with the employee’s preparation and submission of a Discrimination Report. At the end of the process, the Division of Human Rights will issue a Final Order that either awards remedies to the employee or dismisses the employee’s complaint.
Strict deadlines apply here as well, and here too, it is best to hire an experienced workplace discrimination lawyer to represent you. From preparing your Discrimination Report to communicating with the Division of Human Rights on your behalf, there are several ways an experienced lawyer will be able to help.
Which Option Should You Choose?
With these considerations in mind, which option should you choose? The answer to this question depends on your individual circumstances. If you work for a small employer and you are not protected under federal law, then filing a complaint with the New York Division of Human Rights may be your only option. Likewise, if you have a complaint based on a “protected characteristic” that only exists under state law, filing with the Division of Human Rights may be your only option in this scenario as well. Otherwise, you will need to work with your lawyer to determine which option makes the most sense under the circumstances at hand.
Finally, while taking action against workplace discrimination usually involves filing a complaint with the EEOC or the New York Division of Human Rights, employees who have state law claims also have the option of going directly to court. Your lawyer can help you assess this option as well—and then you can work with your lawyer to pursue the best path toward seeking the remedies you deserve.
Contact Us to Discuss Your Rights with a New York Workplace Discrimination Lawyer in Confidence
Do you need to know more about filing a complaint for workplace discrimination in New York? If so, we invite you to get in touch. To discuss your rights with an experienced New York workplace discrimination lawyer in confidence, please call 516-280-3008 or contact us online today.
