Taubman Kimelman & Soroka, LLP
Free Consultation
212-227-8140
Foreign Language Services Available: Spanish Korean Creole Croatian 우리는 한국어 서비스가 있습니다
Se Habla Español En Español

When can I file a private suit for employment discrimination?

Workplace discrimination can be a distressing thing to experience, and it is important for employees to be aware of their legal rights when it occurs. Discrimination protections exist at both the state and the federal level, and knowing how to navigate the system is critical to seeking justice and fair compensation.

Every state has a little different process for handling workplace discrimination. In New York, discrimination claims can be filed with the New York Division of Human Rights, the state agency responsible for enforcing the New York’s Human Rights Law. Such a complaint must be filed within one year of the date the discriminatory practice occurred. Alternatively, an individual may file a lawsuit with the New York State Supreme Court. 

While there is no need to file a complaint with the New York Division of Human Rights before pursuing a private discrimination claim, this is not the case at the federal level. Before an individual is able to file a private lawsuit for employment discrimination, he or she must first file a complaint with the Equal Employment Opportunity Commission, the agency responsible for enforcing federal discrimination laws against employers.

When the EEOC receives a complaint, it conducts and investigation to determine whether there is a valid discrimination claim. If so, the agency works to negotiate a settlement. If that isn’t possible, the agency may file a lawsuit. In any case, a complainant is not able to sue the employer until he or she receives a Notice of Right to Sue from the EEOC. Upon request, the EEOC must provide such notice after 180 days have passed since the complaint was filed, but it can grant notice before that based on its own discretion.

Whatever route an individual goes with respect to addressing workplace discrimination, there are legal implications to doing so, and it is important to work with an experienced attorney to select the most appropriate avenue for seeking justice.

Sources:

New York State Human Rights Law

Equal Employment Opportunity Commission, Filing a Lawsuit, Accessed May 26, 2017. 

No Comments

Leave a comment
Comment Information
Email Us For A Response

Now Is The Time To Take Action Contact us for a free consultation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

30 Vesey Street
6th Floor
New York, NY 10007

Phone: 212-227-8140
Fax: 212-385-0662
Map & Directions