What are the requirements for filing a discrimination lawsuit against my employer in New York?
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Under New York state law, discrimination on the basis of certain protected categories, such as age, race, sex, disability, and national origin, is prohibited in employment. If you believe you were subjected to discrimination by your employer based on one of these protected categories, you may have the right to file a discrimination lawsuit.
To pursue a discrimination lawsuit against your employer in New York, you must file a complaint with the appropriate government agency before you can file a lawsuit in court. In New York, the appropriate agency is typically the New York State Division of Human Rights (DHR) or the Equal Employment Opportunity Commission (EEOC). You must file a complaint with one of these agencies within 300 days of the alleged discriminatory act.
Once you have filed your complaint, the agency will investigate your claim and attempt to resolve the matter through mediation or other means. If the agency determines that there is evidence of discrimination, it may issue a determination of probable cause and allow you to file a lawsuit in court.
To file a lawsuit in court, you must first obtain a “right to sue” letter from the agency that investigated your claim. You must then file a complaint with the appropriate court within 90 days of receiving the right to sue letter.
In the complaint, you must allege the specific facts and legal basis for your claim of discrimination. You must also identify the damages you are seeking and provide evidence supporting your claim. Your employer will have the opportunity to respond to your complaint and mount a defense.
It is important to note that there are certain limitations and exceptions to the requirements for filing a discrimination lawsuit, which vary depending on the specific facts of each case. For example, the time limits for filing a complaint and a lawsuit may be shorter in some cases, depending on the circumstances.
If you believe you have been subjected to discrimination by your employer and wish to pursue legal action, I recommend consulting with a qualified employment discrimination attorney in New York. An attorney can review the specific facts of your case, advise you on your legal rights and options, and assist you in filing a complaint and a lawsuit, if necessary.
