How to File a Workplace Discrimination Claim in New York: A Step-By-Step Guide

If you are facing discrimination at work, it can feel overwhelming. Whether it’s racial harassment, gender discrimination, or issues related to disability rights, it’s important to know that you have options. Filing a workplace discrimination claim in New York involves several steps, and having a clear understanding of the process can help you feel more empowered. Here’s a comprehensive guide to navigate through the steps.

1. Recognize the Signs of Discrimination

The first step in addressing workplace discrimination is recognizing the signs. Common indicators include:

• Unequal Treatment: Being treated differently compared to colleagues due to your race, gender, disability, or other protected category.
• Harassment: Experiencing offensive comments or behaviors, such as sexual harassment or racial harassment.
• Retaliation: Facing negative consequences for speaking up about discrimination.

If you notice any of these signs, it is essential to document everything.

2. Document Your Experience

Keeping detailed notes is crucial. Create a record of incidents that highlight the discrimination you’re facing. Be sure to include:

• Dates and Times: When did the incidents occur?
• Details: What happened? Who was involved?
• Witnesses: Were there any coworkers who witnessed the discrimination?
• Record: Did you report the incident to HR? How did they respond?

This documentation, as well as all relevant communication such as emails or text messages, can serve as useful evidence if you decide to pursue a complaint.

3. Review Your Employer’s Discrimination Policy

Most employers have a discrimination policy that outlines the procedures for reporting discrimination. Familiarize yourself with this policy. Understanding the process can help you prepare your complaint effectively. Look for:

• Reporting Procedures: How should you file a complaint?
• Investigation Process: What steps will the employer take to investigate your claims

4. File a Complaint Internally

Before taking legal action, it’s often advisable to file a complaint internally. Here’s how to do it:

• Contact HR: Reach out to your Human Resources department. Present your case clearly and refer to the documentation you’ve compiled.
• Follow Up: If you don’t hear back in a reasonable time frame, follow up. Keep a record of your communications.

If you suspect you are being discriminated against at work for any reason, contact a workplace lawyer so they can help you through the process of protecting your rights.

5. Know Your Rights Under State and Federal Laws

In New York, both state and federal laws protect you against workplace discrimination. The New York State Division of Human Rights (NYSDHR) and the Equal Employment Opportunity Commission (EEOC) enforce these laws. These agencies cover various forms of discrimination, including:

• Sexual Harassment
• Racial Harassment
• Gender Discrimination
• Disability Rights
• Age Discrimination

If your internal complaint doesn’t resolve the issue, you may need to escalate your case.

6. File a Formal Complaint with the NYSDHR or EEOC

If you decide to proceed, you can file a formal complaint with either the NYSDHR or the EEOC. Here’s a breakdown of the process:

• Choose the Right Agency: Depending on your situation, you might want to file with one or both agencies.
• Complete the Complaint Form: Fill out the required forms, which can often be found on their websites. Be thorough and accurate.
• Submit Your Complaint: Make sure to file your complaint within the required time frame, usually within one year of the discriminatory act.

7. Prepare for an Investigation

Once your complaint is filed, an investigation will begin. The agency will look into the claims you’ve made. This may involve:

• Interviews: They may interview you, the accused, and any witnesses.
• Gathering Evidence: The agency will review any relevant documents or emails.

Be prepared to cooperate fully and provide any additional information they may request.

8. Understand What Happens Next

After the investigation, you’ll receive a determination from the agency. Possible outcomes include:

• Finding of No Probable Cause: If the investigation doesn’t support your claims, your case may be dismissed.
• Finding of Probable Cause: If the agency finds evidence supporting your claims, you may proceed to mediation or a hearing.

9. Consider Legal Representation

You may wonder, “Should I hire a workplace discrimination lawyer?” Having a lawyer can be very beneficial, especially if your case is complex or involves severe discrimination. A workplace discrimination lawyer can help you:

• Navigate the legal process.
• Gather useful evidence.
• Represent you in hearings or negotiations.
• Protect your rights every step of the way.

10. How Long Does a Discrimination Lawsuit Take?

If your case progresses to litigation, you may be curious about timelines. Generally, discrimination lawsuits can take several months to years, depending on various factors, including:

• The complexity of the case.
• Court schedules.
• Whether a settlement is reached.

Take Action Against Discrimination

Filing a workplace discrimination claim in New York may seem daunting, but knowing the steps can empower you to take action. From documenting your experiences to filing a formal complaint, each step is crucial in seeking justice. If you’re feeling uncertain, consulting a workplace discrimination lawyer can provide guidance and support. Remember, you have the right to a fair and respectful workplace. Don’t hesitate to take the necessary steps to protect that right.

Call Us

We at Filippatos PLLC stand in proud solidarity with all employees. If you are experiencing discrimination at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.