New York ( NY ) Employment Discrimination Law in the Workplace

August 24th, 2006 Posted by Karen

As I dug into New York’s employment discrimination laws in the workplace, I felt like I should be at a Chicago Cubs game of years past: “HOLY COW!” This state has such a broad definition of disability that I could even be considered disabled at times when I have such a work load that work-related stress is dragging me down.

New York’s employment discrimination laws in the workplace make it illegal to discriminate on the basis of age (18 and over), color, creed, disability, genetic predisposition or carrier status, marital status, national origin, prior arrest or conviction, race, religion, sex, or sexual orientation.

Aside from broadening the scope from that of federal statutes in the number of things which are considered discrimination, New York’s employment discrimination laws in the workplace cover more people in small businesses (4 or more people) and have a much broader definition of a disability. In New York, disability can include a wide assortment of conditions and is written in such a way that even obesity can be considered a disability.

Claims in the state of New York can be filed with one of two agencies: the state agency, the New York Division of Human Rights (DHR), or the federal agency, the Equal Employment Opportunity Commission (EEOC). These agencies will work together to resolve you claim as long as you file in one agency and request that your claim be cross-filed with the other. The EEOC can be contacted at one of two offices: Buffalo, Phone: (716) 551-4441 or TTY: (716) 551-5923; and New York City, Phone: (212) 336-3620 or TTY: (212) 336-3622. The DHR can be contacted through one of the following offices:

  • Bronx
    Phone: (718) 741-8400
  • Albany
    Phone: (518) 474-2705
  • Binghamton
    Phone: (607) 721-8467
  • Brooklyn
    Phone: (718) 722-2856
  • Buffalo
    Phone: (716) 847-7632
  • Long Island
    Phone: (516) 538-1360
  • Hauppauge
    Phone: (516) 952-6434
  • Manhattan
    Phone: (212) 480-2522
  • New York City
    Phone: (212) 961-8650
  • Rochester
    Phone: (585) 238-8250
  • Syracuse
    Phone: (315) 428-4633
  • White Plains
    Phone: (914) 949-4394

Claims through the DHR must be filed within 365 days of the date of the discriminatory act while you have 300 days of this act to file with the EEOC. Because New York employment discrimination in the workplace laws, it is best to first file through the EEOC and then have them cross-file your claim with the DHR. By doing this, you may still be able to file your case in a state court. If you file through the DHR first, state-based claims may not be pursued in court unless the case is dismissed for administrative convenience. File early to avoid delays due to legalities in the filing process as these delays can push your past the deadline. Retaining an attorney is a big help, but is not required.

If your claim is not resolved by these agencies, you may need to pursue it in court. Remember that if you filed with the DHR first, you cannot file your state-based claims in court unless the case has been released for administrative convenience. As long as you filed through the EEOC first, New York does not require you to file with the DHR before you file a case in the state courts. Federal courts do require that you file your claim through the EEOC before you are able to file in the federal court system. Additionally, the EEOC must release your claim by giving you one of two documents: “Dismissal and Notice of Rights,” or “Right to Sue.” A claim filed in federal court must be filed within 90 days of receiving either of the above documents. Lawsuits filed in New York’s state court system have a 3 year time limit from the time the discriminatory act occurred.

If you live in New York, you have a very comprehensive set of laws to protect you from discrimination, but you have to remember to file through the EEOC first, just in case you should need to pursue the claim in court later. Other than that little glitch, you’ve got the law on your side.

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Posted in Discrimination, Employment Laws, Hostile Environment, New York

  1. Posted by: kaz

    That help me a lot

  2. Posted by: Amelia

    Hi Kaz! Glad to be of service, and thanks for reading the blogs!~ Amelia

  3. Posted by: gman

    Message

    I have question? I was fired today from my job of working one year with no missed time. I call the manager in regards to why i was terminated and she told me because i had tardiness and due to applying for another position within the company. Now i have only one write up for the tardiness that i was going to dispute but it’s not enough to terminate someone. The other i was offered the other position and was told to apply for it and i did so. What should i do in this situation because i feel that it was a wrongful termination.

  4. Posted by: Amelia

    Hi gman! We agree that your manager was just trying to get rid of you, but unfortunately you probably do not have a case for wrongful termination. It does appear that your manager resented you applying for another job within the company. The usual protocol would be for the employee to mention to his or her manager that they are going to apply, before doing so.
    New York is an “employment at will” state. This means that an employer can fire any employee at any time for any reason, or without any reason. An employer can even fire a worker for a reason that seems arbitraty and unreasonable, such as “I don’t like the color of your shirt.”
    However, an employer cannot commit illegal discrimination in firing an employee. So if the employer singled you out for termination due to your race, color, sex, national ancestry, disability, age, gender, sexual orientation, or marital status, that would be unlawful. If this is the case, you should file a discrimination complaint with the New York Division of Human Rights. Otherwise, you could certainly hire an attorney and file a wrongful termination suit — but we think you would lose, and you would end up paying the attorney a lot of money. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm#14

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