Filing a Workplace Discrimination Lawsuit in New York After an EEOC Right to Sue

The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing laws that prohibit discrimination in employment. The EEOC has the authority to enforce a variety of federal anti-discrimination laws, including:

• The Civil Rights Act;
• The Americans with Disabilities Act; and
• The Pregnancy Discrimination Act.

An employee who works for an employer to which these federal laws apply, i.e., an employer with 15 or more employees, may not sue for discrimination in a federal court without first going through the EEOC. The federal laws that are enforced by the EEOC apply in all states across the United States.

In many states, there is also a state agency that functions as the federal EEOC does and enforces state laws that prohibit employment discrimination. These state agencies do not replace the EEOC and federal law. They supplement the EEOC and federal law.

So, an employee at a company in New York has every right to rely on the protections that the EEOC and federal laws offer. An EEOC claim has to be filed within 180 days of the wrongful or discriminatory conduct.

In addition, New York law prohibits discrimination on the basis of any of the factors listed below. New York’s Human Rights Law applies to all employers, including state and local government agencies. The law applies at all stages of employment, from application to working on the job. The law also prohibits discrimination in the granting of licenses for professions.

• Age: Discrimination against people who are 18 or older is banned by New York law.
• Arrest Record: Individuals are protected against discrimination in employment and other domains based on having an arrest record if the arrest was resolved in their favor or adjourned in contemplation of dismissal. If an individual has a juvenile record, or a sealed conviction record, this cannot be a factor in their employment.
• Citizenship or Immigration Status: New York law bans discrimination based on a person’s citizenship status or their immigration status if they are not a U.S. citizen. The law does not prohibit actions on this basis where required by law.
• Conviction Record: People with records of criminal convictions are protected from discrimination in employment by private employers only.
• Religion: The law protects against discrimination based on an individual’s religion. This includes their manner of observance and personal attire and grooming.
• Disability: People with disabilities are protected against discrimination in all areas except volunteer firefighting.
• Victim of Domestic Violence: A person who is a victim of domestic violence, or the parent of a child who is a victim of domestic violence, is protected from discrimination. Reasonable accommodations must be provided, e.g., leave time to obtain medical, psychological, legal or other services, or for safety.
• Family Status: New York law bans discrimination against people who are pregnant or have a child or children.
• Gender Identity or Expression: New York law bans discrimination based on gender-related identity, appearance, behavior, expression, or other gender-related characteristics, regardless of a person’s gender at birth.
• Marital Status: Discrimination based on marital status is banned by New York law.
• Military Status: U.S. military service members, including reservists, are protected from discrimination, as are veterans of the U.S. military.
• National Origin: Individuals are protected against discrimination based on their national origins. New York law also protects against discrimination based on ethnicity.
• Predisposing Genetic Characteristics: New York law bans employers from discriminating against an individual based on information from a genetic test.
• Pregnancy-Related Condition: New York law bans discrimination based on a medical condition related to pregnancy or childbirth.
• Race/Color: Individuals are protected against discrimination because of their race or ethnicity.
• Gender: New York law prohibits discrimination based on gender, which includes sexual stereotyping and sexual harassment.
• Sexual Orientation: Individuals are protected against discrimination based on their actual or perceived heterosexuality, homosexuality, bisexuality, or asexuality.
• Retaliation: New York law bans retaliation against a person if they have filed a discrimination complaint or participated in the case of another person.

Someone who feels they have been the victim of discrimination may file a complaint with the New York Division of Human Rights (DHR). The DHR investigates complaints it receives and may present the case in a public hearing.

For events that happened before February 15, 2024, a person must file their complaint within 1 year of the most recent act of alleged discrimination. If a person alleges sexual harassment in the workplace that occurred after August 12, 2020, they may file within 4 years from the most recent incident.

For events that happened after February 15, 2024, a person must file their complaint within 3 years of the most recent act of alleged discrimination.

Once the DHR receives a complaint, it begins an investigation as follows: the investigation by the Division of Human Rights will begin.

• It notifies the employer.
• Issues of jurisdiction are resolved.
• If applicable, a copy of your complaint will be forwarded to the U.S. Equal Employment Opportunity Commission (EEOC) or the U.S. Department of Housing and Urban Development (HUD).
• An investigation will be conducted using such methods as written inquiry, field investigation and investigatory conference.

When the investigation is complete, the DHR determines whether there is probable cause to believe that discrimination has occurred. It then notifies both the employee and employer in writing of its determination. The DHR dismisses the complaint if it finds no probable cause or lack of jurisdiction. An employee may appeal a dismissal to the New York State Supreme Court within 60 days.

If the DHR determines that there is probable cause, the case is presented at a public hearing. The employer may not appeal to the Supreme Court, but may ask the Commissioner of Human Rights within 60 days of the finding to review the finding of probable cause.

An individual who believes they have experienced discrimination should seek a legal consultation in New York with a New York lawyer. This would help them identify the right agency to receive their complaint and manage the agency’s resolution process most effectively.

How Do I File a Discrimination Complaint in New York?

A complaint of discrimination can be filed online at the website of the DHR and/or at the EEOC‘s website. The EEOC also accepts complaints submitted by the U.S.P.S. It may take the form of a letter that would contain the following information:

• The complainant’s name, address, and telephone number
• The name, address, and telephone number of the employer whose conduct is the subject of the complaint
• The number of employees employed by the employer, if the complainant knows
• A brief description of the events that were discriminatory, e.g., firing, demotion, harassment for a discriminatory reason
• When the events took place
• The complainant’s signature.

What Is an EEOC Right-to-Sue Letter?

An individual who has received a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC) has the right to file a lawsuit in federal court alleging that they have been the victim of discrimination in their employment. An individual receives a right-to-sue letter after they have submitted a complaint to the EEOC and the EEOC has exhausted all of the procedures that it intends to pursue in connection with the complaint.

If an individual were to file a discrimination lawsuit in federal court before they have received a right-to-sue letter from the EEOC or the DHR, a judge would likely dismiss it on the grounds that the complainant did not have a right-to-sue letter from the EEOC or the DHR.

How Do I Get a Right-to-Sue Letter in New York?

As noted above, to obtain a federal right-to-sue letter, a person must submit a request to the EEOC. A right-to-sue letter from the EEOC gives the person who receives it permission to file an employment discrimination lawsuit in federal court. Again, without one, a person who files suit is likely to have it dismissed by a judge.

Specifically, the EEOC issues an individual with a “Dismissal and Notice of Rights,” which means the EEOC has chosen not to move forward with the individual’s complaint, and they have the right to file a personal lawsuit in federal court alleging discrimination.

Or, the EEOC issues a “Letter of Determination,” or “Cause Determination,” which signifies that an EEOC investigator has decided that the complainant has a valid claim. The EEOC then recommends mediation between the employee and their employer.

If mediation does not work, or if one of the parties declines mediation, the EEOC issues a right-to-sue letter. In certain cases, the EEOC itself files a lawsuit on behalf of a person. This happens if the EEOC believes that the case has particular merit.

Are There Special Considerations for Age and Equal Pay Claims?

As has been noted above, most claims of employment discrimination require that a person have a right-to-sue letter before they can file a lawsuit in court. There are exceptions for lawsuits that allege the following:

• Violations of the Equal Pay Act (EPA) or
• Age discrimination under the Age Discrimination in Employment Act of 1967 (ADEA).

The Equal Pay Act requires that men and women receive equal pay for equal work. The Equal Pay Act amended the Fair Labor Standards Act (FLSA).

A person can file these lawsuits in court without going through the EEOC or the DHR. The timeline is as follows:

• 2 years from the day that the pay discrimination took place to file suit or
• 3 years if the discrimination was willful.

A person does not need to get a right-to-sue letter from the EEOC before filing a lawsuit alleging age discrimination under the ADEA. However, a person must file a complaint with the EEOC before filing their lawsuit in court. A person should then initiate their lawsuit within 60 days of filing their complaint with the EEOC.

What Is the Legal Process After Receiving the Letter?

Once a person has a right-to-sue letter from the EEOC, they may file a discrimination lawsuit in federal court. In some cases, a person’s employment attorney can demand a right-to-sue letter right after filing the charge with the EEOC. This can speed up the case and get it started in court more quickly.

Note that if the EEOC investigation has lasted for more than 180 days, a claimant can ask for a right-to-sue letter after 180 days have passed, even if the investigation has not been finished. However, experts recommend allowing the EEOC the full amount of time it needs to finish its investigation before filing a lawsuit in court.

If the EEOC issues a “Letter of Determination” at the conclusion of its investigation, it means that they believe the claimant has a valid claim. This could be used as evidence in court and would strengthen a person’s case.

An employment discrimination case is the kind of case for which a victim should have a lawyer to represent them. A lawyer knows what kind of evidence would be needed to succeed and how to gather it. They know the rules of procedure for courts, both federal and state, and other technical, legal things a person would have to know to prosecute their case smoothly and effectively.

Do You Need a New York Employment Discrimination Lawyer?

If you believe that you have experienced discrimination in your workplace, you want to consult a New York discrimination lawyer. LegalMatch.com can connect you to a lawyer who understands both federal and New York law and the way through the bureaucracy to the remedy that you deserve.