Employment Discrimination in New York

If you suffered employment discrimination in New York, you may be eligible to successfully pursue an employment discrimination claim against your place of employment. Workplace discrimination can occur for many reasons, such as sex, age, gender identity, race, creed, religion, or other factors. While there are federal laws in place to protect workers from such treatment, many states enact additional laws and protections. Here is a rundown of how to pursue an employment discrimination claim in New York.

What Kind of Discrimination Laws are in Place in New York?

The New York City Human Rights Law makes it illegal for any employer to discriminate against an employee or applicant on the basis of race, color, creed, age, perceived age, national origin, alienage, citizenship status, gender, gender identity and expression, sexual orientation, disability, national origin, military status, marital status, partnership status, pregnancy, and caregiver status. There is also protection for discrimination that is based on a conviction or arrest record, status as a domestic violence victim, stalking victim, or sex offenses.

Who is Protected By Federal and State Laws in New York?

The federal laws are overseen by the Equal Employment Opportunity Commission (EEOC) and apply to employers who have 15 or more employees unless it is an age-related complaint and those apply to employers with 20 or more workers. New York City laws covers all employers who have four or more employees, so it reaches to the smaller employers not covered by federal laws.

What Employers are Covered by Discrimination Laws in New York?

Even the smaller employers must abide by discrimination laws in New York because state laws cover employers who have four or more workers. The agencies that oversee the laws are New York City Commission on Human Rights (NYCHR) or the New York Division of Human Rights (NYDHR). You can also file a claim with the EEOC. State laws apply to employers with 4 or more employees, but most federal laws apply to employers who have a minimum of 15 workers.

Which State Agencies Regulate Workplace Harassment Laws in New York?

In New York, you can file a claim with the NYCHR or the NYDHR. The agencies have a work-sharing agreement which means all the agencies work together to process claims and you do not file a separate claim with each agency. Be sure to have supporting documentation and evidence to get a claim underway for workplace discrimination in New York.

New York City Employment Discrimination

New York City, and the rest of New York state, have laws that protect workers from a wide range of discrimination and harassment. In addition to the Federal laws that protect workers from discrimination like Title VII of the Civil Rights Act and the Fair Pay Act and the Americans With Disabilities Act New York City and New York State offer additional state protection for workers.

The New York City Human Rights Law is a law specific to NYC that makes it illegal for employers to engage in any discrimination, harassment, or retaliation against employees based on a variety of reasons.

New York State also has a Human Rights Law that makes it illegal for employers to discriminate based on: age, creed, disability, domestic violence victim status, gender identity or expression, familial status, marital status, military status, national origin, predisposing genetic characteristics, pregnancy-related condition, prior arrest or conviction record, race/color, sex, and sexual orientation.

Any worker in NY state or NYC who has been a victim of discrimination can file a complaint against their employer with both the EEOC and with the New York Department of Human Rights.

How Do I File A Discrimination Claim in New York?

When you file a New York workplace discrimination claim, you can get it started with the KHRC or the EEOC. Be sure to provide evidence and supporting documentation. Without the evidence to back up your claim, your claim will not be proven and will not be successful. Just like with any matter, there must be proof to back up the allegations. You should show a pattern of discrimination and mistreatment.

There is a statute of limitations for pursuing a claim. The federal laws allow 180 days from the date of the incident for a claim to be filed, but your time limit is extended to 300 days because there are applicable New York discrimination laws. If you wait too long and miss the deadline, your claim will be dismissed and you cannot recoup your losses, so be sure to act in a timely manner. You do not want to miss your chance to have a successful workplace discrimination claim in New York. Your claim can also help other workers who could fall victim to the same behavior.

How Do I Get Help Filing A Discrimination Claim in New York?

If you suffered workplace discrimination in New York speak with an employment law attorney who is familiar with the applicable New York state and federal employment laws as they pertain to workplace discrimination. Complete the Free Case Evaluation Form on this page to share the details with an employment discrimination attorney who represents New York workers who have fallen victim to such actions. You should get your claim underway as quickly as possible, to ensure that you have your rights protected and that you are on track to recouping compensation for your damages. Leave your contact information, so you can get a prompt response.

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