1. Employment Law Frequently Asked Questions
  2. How Can the New York Department of Labor Protect Me?

How Can the New York Department of Labor Protect Me?

The New York Department of Labor is the state agency that protects and promotes workers' safety & health, wages, and working conditions.

If you are experiencing discrimination, wage theft, harassment, or wrongful termination while working in New York, the New York Department of Labor can help you fight your claim against your employer.

What is the New York Department of Labor?

The New York State Department of Labor is a state body which is committed to respecting diversity, inclusion and equal opportunity in the workplace and any other areas.

It ensures that all programs and services it provides are available to all those who reside in New York without fear of discrimination whatever the individual’s protected class status is such as:

  • sexual orientation,
  • sex,
  • race,
  • predisposing genetic characteristics,
  • national origin,
  • military or veteran status,
  • marital or family status,
  • gender identity,
  • domestic violence victim status,
  • disability,
  • creed,
  • color,

What Laws to the New York Department of Labor Protect Me From?

Under Federal and New York State laws, discrimination takes place when someone is treated in such a way that it causes a negative effect on that person such as:  

  • unfair treatment at work due to being a member of a protected group such as one’s race, color, religion, sex, etc;
  • being harassed by managers, co-workers, or others in a workplace because of the person’s protected characteristics such as being denied promotion;
  • improper questioning of an employee about his or her genetic information or medical information.
  • the employer retaliating by firing an employee because they have spoken up about job discrimination or helped with a job discrimination proceeding

How the New York Department of Labor Will Help You With Your Claim

When you submit an employment law claim to the New York Department of Labor, they will investigate that claim. They also provide legal advice and counsel to the Commissioner of Labor and to programs within the Department.

The legal team in the New York Department of Labor works hard to protect the rights of New York's workers and business owners by providing help and issuing opinions and counsel on New York labor laws.

Next Steps to Take

If you are experiencing wrongful termination, wage theft, or harassment while working in New York, the New York Department of Labor can help you with your claim.

If you got your job on your own and without help from a New York State Career Center, you can file your complaint with The New York State Division of Human Rights (DHR) or the US Equal Opportunity Commission (EEOC). You must file a discrimination complaint within 180 days from the day the discrimination took place.

Additional Resources