New York Complaint — Employment Discrimination is a legal procedure used to address complaints of employment discrimination based on race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, gender identity, or status as a victim of domestic violence, stalking, or sex offenses. A person who believes they have experienced employment discrimination may file a complaint with the New York State Division of Human Rights (DHR) or the U.S. Equal Employment Opportunity Commission (EEOC). There are two types of New York Complaint — Employment Discrimination: 1. DHR Complaint: This complaint is filed with the New York State Division of Human Rights, and is used to address complaints of discrimination in employment, housing, public accommodations, and educational institutions. 2. EEOC Complaint: This complaint is filed with the U.S. Equal Employment Opportunity Commission and is used to address complaints of discrimination in employment on the basis of race, color, religion, sex, national origin, age, disability, or genetic information.
New York Complaint - Employment Discrimination
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FAQ
If you decide to file with the EEOC, you have only 180 days from the date of the discriminatory activity. However, the deadline extends to 300 days if you cross-file with a state or local agency.
The New York State Human Rights Law prohibits discrimination on the basis of "age, race, creed, color, national origin, sexual orientation, military status, sex, marital status or disability" in employment, housing, education, credit, and access to public accommodations.
If you believe that you have been the victim of discrimination, you generally have 45 days from the day the discrimination occurred to contact an EEO Counselor where you work or where you applied for a job.
An individual can file a charge of employment discrimination or retaliation with the New York State Division of Human Rights within one year, or file a lawsuit directly in New York state court within three years of the most recent discriminatory act.
In general, you need to file a charge within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.
There are strict deadlines for filing a charge of discrimination, please review the information in the timeliness tab or call 1-800-669-4000. For individuals who are Deaf or Hard of Hearing, you can reach EEOC by videophone at 1-844-234-5122.
A complaint must be filed with the Commission within one year of the last alleged act of discrimination (or three years for cases involving gender-based harassment).
For more information go to: or call: (518) 457-9000 or (888) 469-7365. People who are Deaf, Hard of Hearing, DeafBlind or those with Speech Disability can call the New York State Relay Service at (800) 662-1220 for TTYITTD, 211 in NYC, or 711 in other parts of the State.
