Filing An Employment Discrimination Claim In New York
When a group of people or an individual is unfairly and differently treated from others at work because of their sex, age, religion, or race, it is considered employment discrimination. This article will cover the topic from New York’s point of view, although every US state has anti-discrimination laws to protect workers’ rights. If you have experienced employment discrimination in the state of New York, read more to learn how their laws protect the rights of workers.
Types of Discrimination
Most people know that it is illegal for any employer to discriminate against a current or potential employee based on their gender, nationality, age, creed, color, or race. However, employers also cannot discriminate against someone due to their perceived age (looking older or younger than their actual age), citizenship status, disability, gender identity, and expression, or sexual orientation. It is also against the law to discriminate due to caregiver status, pregnancy, marital status, partnership status, and/or military status under the New York City Human Rights Law.
In addition to the above conditions, there is also protection from discrimination based on the status of being a victim of sex offenses and stalking, as well as on conviction or arrest records. Employers need to make reasonable job accommodations or modifications for pregnant workers, victims of domestic violence, cyberbullying, disabilities, or illness. New York law states that, if the employee has a reasonable belief that such discrimination has occurred, they are covered from retaliation regarding their filing a complaint.
Filing a Discrimination Claim
There are three agencies where you can file a discrimination claim in New York: the EEOC – the federal administrative agency also known as the Equal Employment Opportunity Commission, the state administrative agency (with offices throughout New York), and the DHR or the New York Division of Human Rights.
As long as you indicate to one of the agencies that you want to “cross-file” your claim with the others, filing a claim with each agency is unnecessary.
Filing Deadlines
Do not delay in filing your claim – the sooner the better! Although in New York you have up to one year, if you file your claim federally with the EEOC, you only have 180 days (six months) from the date of when you were discriminated against. Then, depending on the type of discrimination (age, for one) there may be a 300-day extension to apply.
Be sure to check with your city or county to see if you live and/or work where there is a local anti-discrimination law, especially if you live outside of New York City. Some cities and counties have their own agencies that process claims under local ordinances and are often called the “Civil Rights Commission,” the “Human Relations Commission,“ or “Human Rights Commission.”
Meet with Carcich O’Shea
hire an experienced attorney to fight for your rights. Your employer already has someone helping on their side. Fight fire with fire!
At Carcich O’Shea, we have the experience and skills you need in your corner. We concentrate on workplace matters, negotiation and business litigation, and employment law. These areas also cover sexual harassment, whistleblowing, retaliation, disputes, severance packages, and, of course, employment discrimination.
Whether you are in New York or New Jersey, Carcich O’Shea understands all the details of each state’s laws. We will work to be sure you are fairly represented and compensated. Contact us today!