How to File a Lawsuit Against Your Employer for Unfair Treatment in New York

If you’re facing unfair treatment at your job in New York, you may have legal grounds to sue an employer for discrimination under New York employment laws. Workplace and anti-discrimination laws are designed to protect workers from various forms of inequity and ensure a safe and equitable workplace environment.

The following is a list of key protections under New York laws that address unfair treatment:

• Discrimination: New York’s Human Rights Law prohibits workplace discrimination based on protected characteristics, including race, color, national origin, religion, sex, gender identity or expression, sexual orientation, marital status, disability, age, pregnancy, genetic predisposition, military or veteran status, and status as a victim of domestic violence
  • These laws also define employment discrimination
• Harassment: Employers are prohibited from creating or allowing a hostile work environment through harassment based on the protected characteristics listed above
  • Harassment can include offensive comments, unwelcome physical actions, or other behaviors that significantly disrupt an employee’s ability to perform their job
• Retaliation: New York law forbids employers from retaliating against employees who exercise their legal rights, such as filing complaints of discrimination or harassment, participating in investigations, or engaging in other protected activities
  • Retaliatory actions can include termination, demotion, pay reduction, or other adverse measures
• Wage Violations: New York labor laws protect employees’ wage and hour rights, including all of the following:
  • Minimum Wage: Employers must pay employees at least the state minimum wage, which varies by location and industry but is higher than the federal minimum wage in many cases
  • Overtime Pay: Non-exempt employees are entitled to overtime pay for hours worked beyond the standard 40-hour workweek
  • Meal Breaks: Employers must provide meal breaks to employees working more than six consecutive hours
• Equal Pay: The New York Equal Pay Law ensures that employers must provide equal pay for equal work, regardless of sex, race, or any other protected characteristic

All of the above laws and provisions ensure that workers in New York can seek legal remedies if they experience violations of their rights. If you think you’ve been treated unfairly at your place of employment, you should consider setting up a consultation with a lawyer who understands employment laws.

How Do I File a Complaint Regarding Employment Discrimination?

In order to file a complaint regarding employment discrimination in New York, you must follow a specific process outlined by New York State and federal laws. The following is an overview of how you can proceed with a complaint:

• Document the Discrimination: First, you should always keep a thorough record of all discriminatory incidents, including dates, times, locations, involved parties, and witnesses, as detailed evidence is critical for supporting your claim
• Notify Your Employer: Next, you should immediately report the discriminatory acts to your employer or the Human Resources department, making sure to follow your company’s internal complaint procedures
  • Importantly, this step is often required before taking further action
• File a Complaint with the New York State Division of Human Rights (“NYSDHR”): You can then file your complaint with the NYSDHR, which enforces New York’s Human Rights Law
  • You can submit your complaint through their online portal, by mail, or in person, but you should always be sure to include relevant details like your contact information, your employer’s name, a description of the discriminatory actions, and why you believe you were subjected to discrimination
  • The NYSDHR will then review your claim and decide whether to investigate
• Obtain a “Notice of Dismissal and Right to Sue”: If the NYSDHR chooses not to pursue your case, you may receive a dismissal notice granting you the right to file a lawsuit in state court
• File a Complaint with the Equal Employment Opportunity Commission (“EEOC”): If your complaint falls under federal anti-discrimination laws, you can choose to file with the EEOC instead
  • You may also choose to dual-file your complaint with both the NYSDHR and the EEOC
• File Your Lawsuit: If neither the NYSDHR nor the EEOC are able to resolve your dispute, you may then draft, file, and serve your employer with a formal private civil lawsuit seeking damages
  • This requires careful compliance with state and federal procedural rules
• Consult an Employment Attorney: It’s highly recommended to work with a lawyer in New York who can guide you through the process, protect your rights, and help you build a strong case
• Deadlines for Filing: You should also be familiar with filing deadlines, as failing to timely file your complaint will result in you being barred from bringing your claim later
  • For state-level complaints under the Human Rights Law, you generally have one year from the date of the discriminatory act to file with the NYSDHR
  • For federal claims, you generally have 300 days to file with the EEOC from the date of the discriminatory act. After receiving a “Right to Sue” notice from the EEOC, you typically have 90 days to file a lawsuit in federal court

It’s important to note that both the NYSDHR and the EEOC protect individuals regardless of their immigration status. This means that you do not need a Social Security number or photo identification to file your complaint.

How Do I Prove Unfair Discrimination at Work?

In order to prove employment discrimination in New York, you will have to be able to gather and present evidence to demonstrate that you were treated unfairly due to a protected characteristic.

As noted above, under New York’s Human Rights Law, discrimination is prohibited based on race, color, national origin, religion, sex, gender identity or expression, sexual orientation, marital status, disability, age, pregnancy, genetic predisposition, military or veteran status, and status as a victim of domestic violence.

In order to build a strong employment discrimination claim, you should take the following steps:

• Record Detailed Notes: First, you should always maintain thorough and organized documentation of all discriminatory incidents, being sure to include dates, times, locations, individuals involved, and any witnesses
  • It’s also important to preserve emails, text messages, voicemails, and other written communications that reveal evidence of discrimination or related discussions
• Gather Witness Statements: Next, you should collect written statements from witnesses who observed the discriminatory behavior, being sure to ensure that these statements are clear, detailed, and specific to strengthen your case
• Collect Supporting Documents: You should also compile performance reviews, commendations, or other records that show your work performance was satisfactory and that the discrimination was not related to job performance
  • Additionally, you should obtain copies of your employer’s policies and procedures regarding discrimination, harassment, and retaliation

In order to succeed in a New York employment discrimination claim, you must be able to demonstrate the following legal elements:

• Protected Class Membership: You must show that you belong to a legally protected group (e.g., race, gender, age)
• Adverse Employment Action: You must provide evidence that you experienced negative actions such as termination, demotion, or harassment
• Qualified for the Position: You must next prove that you were performing your job duties satisfactorily or were otherwise qualified for the position
• Discriminatory Motive: You must also present evidence that the adverse action was motivated by your protected characteristic
• Causal Connection: Finally, you need to establish a link between the adverse action and the discriminatory motive

If you can prove all of the above elements, your chances of succeeding in an employment discrimination lawsuit will improve. After establishing liability, you can then present all of your evidence of any damages you’ve suffered as a result of the discrimination.

What Happens After a Lawsuit Has Been Filed?

After filing an employment discrimination lawsuit in New York, the case will generally follow this progression:

• Settlement Negotiations: Settlement discussions can and generally will occur at any stage of the legal process as both parties may attempt to reach an agreement to resolve the case prior to a final hearing
• Service of Process: Once a lawsuit is filed, the plaintiff must serve the defendant with the complaint and summons, formally notifying them of the legal action
• Defendant’s Response: The defendant will then have the opportunity to respond by filing an answer to the complaint or a motion to dismiss the lawsuit
• Discovery: Both sides will then exchange information and evidence through interrogatories, requests for documents, and depositions to build their cases, which is known as discovery
• Pre-Trial Motions: Either party may file motions, such as motions for summary judgment, to potentially resolve the case or narrow the issues before trial
• Trial Preparation: Both parties will then prepare for trial by finalizing witness lists, exhibits, and legal arguments that they intend to present during the proceedings
• Trial: At trial, both sides present evidence and arguments, and the case will then be decided by either a judge (bench trial) or a jury, depending on the specifics of the lawsuit
• Post-Trial Motions and Appeals: The losing party may then file post-trial motions, such as a motion for a new trial, or may appeal the court’s decision to a higher court, if applicable
• Enforcement of Judgment: If the court awards damages or other remedies, the prevailing party may then need to take additional steps to enforce their judgment and collect the awarded compensation

How Long Do You Have to Sue an Employer for Discrimination?

In New York, the time limits for filing a discrimination claim depend on the type of claim you are filing and where you file it:

• State-Level Claims: Under New York’s Human Rights Law, you generally have three years from the date of the discriminatory act to file a complaint with the New York State Division of Human Rights
  • For instance, when suing for racial discrimination, you generally have three years from the date of the act of discrimination to file your complaint
• Federal Claims: If you’re filing under federal anti-discrimination laws with the Equal Employment Opportunity Commission, you typically have 300 days from the date of the discriminatory act to file a complaint
• Lawsuits: After receiving a “Right to Sue” notice from the EEOC, you usually have 90 days to file a lawsuit in federal court

Do I Need an Attorney for Help Filing a Discrimination Claim?

If you are experiencing employment discrimination in New York and have suffered harm or damages, it is recommended to consult with a New York discrimination lawyer. An attorney can safeguard your legal rights and assist you in recovering any damages you may have incurred.

LegalMatch can assist you in finding and setting up a consultation with a local attorney near you. During your initial consultation, they will outline your legal rights and options under both federal law and New York’s employment laws.

An experienced attorney will also ensure that you meet all state and federal deadlines for filing your claim and guide you through the steps necessary to pursue your employment discrimination case. They can help you draft and file your civil complaint after you receive your “Right to Sue” notice. Additionally, an attorney can also represent you in court, if your case proceeds to trial.