How to File a Workplace Discrimination Complaint in NYC: NYCCHR vs. NYSDHR vs. EEOC

If you believe you have experienced discrimination in the workplace in New York City, you may have several options for pursuing a claim. Depending on the circumstances, you may be able to file a complaint with the New York City Commission on Human Rights (NYCCHR), the New York State Division of Human Rights (NYSDHR), or the U.S. Equal Employment Opportunity Commission (EEOC). In some situations, you may also be able to file a lawsuit directly in court.

Knowing where to file a workplace discrimination complaint is important because each agency enforces different laws, follows different procedures, and may have different filing deadlines. The agency or court you choose can also affect your ability to pursue the same claim elsewhere.

Understanding these differences before filing can help you avoid missing an important deadline or unintentionally limiting your legal options.

The Three Filing Options

The three agencies do not enforce identical laws or follow the same procedures. The right filing option depends on the type of discrimination involved, when the conduct occurred, and whether you may want to pursue the matter in court.

Before filing a complaint, it is important to understand the deadlines and potential consequences of choosing one agency over another. An employment attorney can help you evaluate which filing option best protects your rights and legal options.

NYC Commission on Human Rights

The New York City Commission on Human Rights, commonly referred to as NYCCHR, enforces the New York City Human Rights Law (NYCHRL). The NYCHRL protects employees from discrimination based on protected characteristics, including race, color, national origin, religion or creed, age, disability, gender, gender identity, sexual orientation, pregnancy, immigration or citizenship status, and other protected categories. The law also prohibits retaliation and discriminatory harassment.

For most employment discrimination complaints filed with NYCCHR, the general deadline is one year from the last alleged discriminatory act. However, complaints involving gender-based harassment generally have a three-year filing period. Since filing deadlines can depend on the type of conduct involved, it is important to determine which deadline applies to your circumstances rather than assuming that every NYC discrimination claim has the same filing period.

If you believe you have experienced discrimination, you can begin the process through NYCCHR’s Report Discrimination resources. The process is available to individuals without the need for an attorney. However, because filing with one agency can affect your ability to pursue the same claim elsewhere, you may want to speak with an employment attorney before filing.

New York State Division of Human Rights

The New York State Division of Human Rights, or NYSDHR, enforces the New York State Human Rights Law. The state law addresses discrimination and harassment in employment as well as other areas such as housing and public accommodations.

For discriminatory acts occurring on or after February 15, 2024, the general deadline for filing a complaint with NYSDHR is three years from the alleged discriminatory act. Claims involving conduct that occurred before that date may be subject to different deadlines. This distinction can be particularly important when an employee has experienced discrimination over an extended period.

NYSDHR’s complaint process allows individuals to provide information about the alleged discrimination, the employer involved, the individuals responsible, when the conduct occurred, and other relevant circumstances. More information about beginning the process is available through the New York State Division of Human Rights.

One important consideration before filing with NYSDHR is New York’s election-of-remedies rule. In certain circumstances, filing a discrimination complaint with NYSDHR can prevent an individual from later bringing a lawsuit based on the same discriminatory conduct. Because of this, employees should carefully consider their options before filing.

U.S. Equal Employment Opportunity Commission

The U.S. Equal Employment Opportunity Commission, commonly known as the EEOC, enforces federal employment discrimination laws. These laws prohibit discrimination based on characteristics including race, color, religion, sex, national origin, disability, and age, among other federally protected categories.

In New York, an employee generally has 300 days from the alleged discriminatory act to file an EEOC charge when the claim is covered by both federal and state or local anti-discrimination laws. Some claims have different requirements, so the applicable deadline should be confirmed based on the specific circumstances.

For many federal employment discrimination claims, filing a charge with the EEOC is an important step before an employee can bring a federal lawsuit. Employees can learn more about the process on the EEOC’s “How to File a Charge of Employment Discrimination” page.

NYCCHR vs. NYSDHR vs. EEOC

Although NYCCHR, NYSDHR, and the EEOC all address workplace discrimination, they do not enforce the same laws. NYCCHR enforces the New York City Human Rights Law, NYSDHR enforces the New York State Human Rights Law, and the EEOC enforces federal employment discrimination laws.

The filing deadlines also differ. NYCCHR generally has a one-year deadline for employment discrimination complaints, with a three-year period for gender-based harassment. NYSDHR generally provides a three-year filing period for discriminatory acts occurring on or after February 15, 2024. In New York, the EEOC generally requires a charge to be filed within 300 days for claims covered by federal law and applicable state or local law.

These differences can make the decision about where to file more complicated than it may initially appear.

Understanding the Election-of-Remedies Rule

One of the most important issues to understand before filing a discrimination complaint is that choosing an administrative agency may affect your ability to pursue the same claim in court.

Under New York law, an individual who files a complaint with NYSDHR or a local human rights commission generally cannot later bring a court action based on the same discriminatory conduct, subject to certain statutory exceptions. This is sometimes referred to as an election-of-remedies rule.

The same general consideration applies when deciding between different administrative agencies. NYCCHR explains that filing a complaint with another agency or court based on the same facts may affect the Commission’s ability to subsequently consider the claim.

This does not mean that employees cannot pursue discrimination claims under multiple laws. The interaction between federal, state, and city laws can be complicated, and there are circumstances in which an employee may need to take additional steps to preserve potential federal claims.

For example, NYCCHR explains that it does not automatically cross-file employment discrimination complaints with the EEOC and advises individuals who may want to pursue a federal claim to consider filing a separate EEOC claim.

Because the consequences of filing can vary depending on the facts, consulting with an employment attorney before submitting a complaint may help you understand which options are available.

Filing a Discrimination Lawsuit Directly in Court

Filing an administrative complaint is not always the only option. Depending on the law involved and the circumstances of the claim, an employee may be able to file a discrimination lawsuit directly in court.

For example, the New York City Human Rights Law allows individuals to bring certain discrimination claims directly in court. NYCCHR generally states that a civil action under the NYCHRL must be commenced within three years of the alleged discriminatory practice.

Federal claims can work differently. For many claims covered by federal employment discrimination laws, an employee must first file a charge with the EEOC before bringing a federal lawsuit. The EEOC process is, therefore, an important step for employees considering federal claims.

Because different laws have different procedural requirements and statutes of limitations, an employee should not assume that the deadline for one type of discrimination claim applies to every potential claim arising from the same workplace conduct.

What to Do Before Filing a Discrimination Complaint

Before filing a workplace discrimination complaint, it can be helpful to organize the facts and evidence surrounding what happened. Start by creating a timeline of the events you believe were discriminatory. Write down when important incidents occurred, who was involved, what was said or done, and whether anyone witnessed the conduct.

You should also preserve relevant documents that you are lawfully permitted to possess. Depending on your circumstances, this could include emails, text messages, performance reviews, written warnings, workplace communications, pay records, employment policies, and other documentation relating to the alleged discrimination.

Your employee handbook may also contain policies concerning discrimination, harassment, reporting procedures, or internal complaints. Understanding these policies can help you determine how your employer addresses workplace complaints.

It is also important to document any retaliation that occurs after you complain about discrimination or participate in an investigation. Retaliation can involve a range of employment actions, and the timing of events can be important. Keep records of your original complaint, who received it, how your employer responded, and any subsequent changes to your employment circumstances.

Finally, consider which laws may apply to the conduct. Workplace discrimination can involve race, gender, sexual orientation, pregnancy, disability, age, religion, national origin, or another protected characteristic. In some circumstances, the same conduct may potentially implicate more than one law.

What Happens After You File?

The process after filing a discrimination complaint depends on the agency you choose.

When a complaint is filed with NYCCHR, the Commission may serve the complaint on the employer or other respondent and begin its enforcement process. The parties may be asked to provide information or documentation concerning the allegations. In some cases, the Commission may use early intervention or other methods to attempt to resolve the dispute.

NYSDHR similarly investigates discrimination complaints. The Division may request information, communicate with the parties, conduct interviews, or use other investigative procedures. Depending on the circumstances, a case may proceed through settlement discussions, conciliation, an administrative hearing, or another resolution.

The EEOC follows its own federal process. After a charge is filed, the agency may investigate the allegations, request information from the parties, facilitate resolution, or take other action. In certain circumstances, the EEOC may issue a notice allowing the employee to proceed with a lawsuit.

There is no single timeline for these processes. The length of an investigation or administrative proceeding can depend on the agency, the complexity of the allegations, the parties involved, and other circumstances.

When Should You Involve a Lawyer?

You do not necessarily need an attorney simply to file a discrimination complaint. Both NYCCHR and NYSDHR provide processes that allow individuals to submit complaints without legal representation.

However, speaking with an employment lawyer before filing can be particularly helpful when multiple laws or agencies may apply. An attorney can help you understand the potential consequences of choosing one filing option over another and identify deadlines that may apply to your particular circumstances.

Legal advice can also be especially important if you are approaching a filing deadline, have already filed a complaint with another agency, have been terminated or disciplined after reporting discrimination, have received a severance agreement, or are considering filing a lawsuit.

Call a New York Employment Law Attorney Now

We at Filippatos PLLC stand in proud solidarity with all workers facing workplace discrimination, including the LGBTQIA+ community and other diverse communities. We believe that all people deserve the right to exist freely, no matter who they love, how they express their gender, how they practice their religion, or how they celebrate their heritage.

If you are experiencing discrimination at work, call us at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.