How To File a Discrimination Claim in New York

Submitted by eric on

Both federal law and New York State law prohibit employers from engaging in discrimination against employees due to their race, gender, age, or other such protected characteristics. Unfortunately, some employers fail to obey these laws.

Do you believe you have been a victim of workplace discrimination? If so, in New York, you can take legal action against an employer by filing a discrimination claim. This overview explains the basic steps the process of doing so may involve.

Filing a Claim For Discrimination

A victim of workplace discrimination in New York can file a complaint with the Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights, or the New York City Commission on Human Rights.

Be aware that the EEOC in New York and the New York State Division of Human Rights have a work-share agreement. This agreement ensures that when you file a complaint with one agency, you’ll essentially automatically file a complaint with the other as well. Both agencies will then conduct an investigation to determine if your employer has engaged in illegal workplace discrimination.

What Do I Need When Filing a Discrimination Claim In New York

Gathering necessary evidence is key to optimizing your chances of success when filing a discrimination claim in New York. If you still work at the company where you believe discrimination has occurred or continues to occur, it’s wise to keep a log of all instances of discrimination.

Record all potentially relevant details, including the time of the incident, what exactly occurred, whether there were any witnesses, etc.

Other potential forms of evidence you might gather include:

  • Emails
  • Written workplace policies
  • Texts
  • Chat logs
  • Voicemails
  • Witness statements
  • Any documentation potentially indicating your employer has a history of discrimination

Keep in mind that hiring a lawyer is often wise when taking legal action against an employer who is guilty of workplace discrimination. An attorney may assist you in various ways, including gathering evidence to strengthen your case.

Damages In a New York Discrimination Claim

You may be entitled to damages if your claim is successful. Examples include:

  • Back pay
  • Reinstatement to a job
  • Attorney fees
  • Pain and suffering
  • Punitive damages
  • Other damages that may be appropriate to your situation

The amount of damages you might receive will depend on the specifics of your case. An experienced New York employment law attorney may help you understand what damages you may be entitled to.

Speak With an Employment Law Attorney

If you believe you’ve experienced illegal workplace discrimination in New York, filing a claim can help you seek the damages to which you may be entitled. It can also protect current and future employees by discouraging an employer from engaging in such illegal actions again going forward.

That said, building a case on your own could prove challenging. You may simplify the process and potentially improve your odds of success if you enlist the help of a New York workplace discrimination lawyer. Get started by scheduling a free case evaluation today. 

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