Why You Should File a Discrimination Complaint Sooner Rather than Later

If I Wait, Will Discrimination at Work Stop?

Discrimination in the workplace is a chronic issue that affects millions of U.S. workers.
From the federal level down to local, laws prohibit discrimination based on protected characteristics like
race, gender, age, disability and more. Despite its prevalence, less than one-third of individuals experiencing sexual harassment report it to a supervisor, and even fewer file formal complaints. This underreporting means official statistics likely underestimate the true scope of the problem. Delaying action in a discrimination case can severely jeopardize the ability to seek justice. When it comes to discrimination in the workplace, time is not on your side; this blog entry is meant to aid you in effectively filing a report of discrimination.

Will Discrimination at Work Stop on Its Own? The Reality of Persistent Harm

Many hope that if they turn a blind eye to something such as discrimination, that it will eventually go away. While employers are obligated to prevent and correct unlawful conduct, internal mechanisms like training and grievance procedures may not always be effective on their own. Workplace discrimination is frequently a pattern or practice of behavior. What can start as “simple teasing” can escalate to a hostile environment, where more nefarious acts of abuse can occur and settle. Left unaddressed, these patterns of harassment in the workplace persist, making the environment intimidating or abusive. The tendency for discriminatory behavior to form a pattern of abuse means the problem is likely to continue or worsen without formal intervention. Prolonged discrimination in the workplace severely impacts well-being, leading to stress, burnout, reduced job satisfaction, and mental health issues. It also hinders career development and perpetuates systemic disparities, namely gender or race.

The Critical Importance of Time: Understanding Statutes of Limitations

A statute of limitations sets the maximum time to initiate legal proceedings. Missing these strict deadlines can permanently bar a claim from being filed. For most federal claims needing to be filed with the EEOC, you have 180 calendar days from the act of discrimination. It extends to 3oo days if state or local anti-discrimination laws also apply. Federal employees face a shorter timeframe of 45 days to contact an EEOC counselor.

More deadlines related to New York State Law will be listed below:

• General discrimination incident on or after February 15, 2024: 3 years
• General discrimination incident before February 15, 2024: 1 year
• Sexual harassment incident in the workplace (all accounts): 3 years
• All discrimination claims (NYSHRL): 3 years
• General discrimination (NYCCHR): 1 year
• Gender-based harassment (NYCCHR): 3 years
• All discrimination claims (NYCHRL): 3 years

The Erosion of Your Case: How Delay Harms Evidence and Witnesses

Delaying a claim of discrimination in the workplace rapidly degrades in the minds of the witnesses. Initial recall is best within 24 hours, and even short delays reduce memory accuracy. Tangible evidence like emails, documents, or paperwork can be deleted or lost due to retention policies. Employee turnover means that a witness may leave, making it difficult to locate or compel those to testify. This degradation of memory, loss of evidence, and witness unavailability significantly weakens a case, making it harder to prove a pattern of abusive behavior.

The Benefits of Prompt Action: Taking Control

Prompt action allows immediate initiation of internal or external complaint processes. Early
reporting gives the best chance for an employer to “prevent and promptly correct unlawful discrimination and harassment”. It enables individuals to document incidents while details are
fresh, preserving communications and gathering supporting documents. This strengthens a filing a discrimination claim. Acting quickly can interrupt an ongoing pattern of abuse or pattern of harassment, protecting your well-being and potentially preventing harm to others. Federal and state laws protect employees from retaliation for engaging in protected activities, such as filing a discrimination claim or talking to a supervisor.

Recognizing Discrimination and Documenting Your Experience

Discrimination in the workplace can be understood as a variety of characteristics as discussed, such as race, gender, sex, national origin, or age. Effective documentation is crucial for filing a claim in due time. A couple of recommended methods for documentation are listed as follows.

• Keep a detailed log: record dates, time, location, factual description, direct quotes, and names of parties involved.
• Preserve relevant communications: save emails, texts, chat logs with any discriminatory language, take screenshots, keep records of internal complaints.
• Gather supporting documentation: collect performance reviews, pay stubs, and company policies that will help support your claim.
• Document internal reporting: meticulously record who you spoke to, when, and what was discussed, and what their response was.

Your New York Discrimination Lawyer: Your Partner in this Fight

Navigating discrimination laws is complex. A seasoned New York discrimination lawyer can
assess your case, clarify the applicable statute of limitations, and ensure procedural requirements are met for filing a discrimination claim with agencies like the EEOC, NYS DHR, or NYCCHR. They can identify a pattern of abuse or pattern of harassment and build a compelling case, whether it involves sexual harassment, sex discrimination, gender discrimination, race discrimination, or ethnicity discrimination. At Filippatos Law, we protect your rights, help gather evidence, and represent you in negotiations or litigation, ensuring you understand protections against retaliation. If you believe you are experiencing or have experienced discrimination in the workplace, do not delay. The clock is ticking on your rights.

Call Us

We at Filippatos PLLC stand in proud solidarity with working people across the state of New York. We believe that all people deserve the right to exist and live freely, and be able to work in a welcoming environment. If you are experiencing discrimination at work due to any of the above mentioned characteristics, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.