What are the steps an employer must take if an employee files a discrimination or harassment claim against them in New York?

If an employee files a discrimination or harassment claim against their employer in New York, the employer must take several specific steps to comply with applicable laws and regulations. These steps include:

1. Investigate the Claim: The employer must investigate the allegations of discrimination or harassment that have been made by the employee. The investigation should be prompt, thorough, and impartial. The investigator must speak to the complaining employee, any witnesses, and the person accused of the conduct. The investigation should be documented, and any relevant evidence should be gathered and preserved.
2. Take Appropriate Action: If the investigation confirms that discrimination or harassment has occurred or is likely to have occurred, the employer must take appropriate action to prevent such conduct from occurring again in the future. Appropriate action includes disciplining the offender, reassigning employees, or implementing training programs.
3. Provide Reasonable Accommodations: If a complainant requests an accommodation or adjustment in the workplace, such as a transfer or a modified work schedule, the employer must provide reasonable accommodations.
4. Inform the Employee of Their Rights: The employer must inform the employee of their rights to file complaints with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (DHR), or to file a lawsuit.
5. Keep Accurate Records: The employer must keep accurate records of all complaints of discrimination or harassment, including the nature of the complaint, the details of the investigation, and any remedial action taken.

Limitations and Exceptions:

• Employers with four or fewer employees are not required to comply with certain New York State anti-discrimination laws.
• Certain types of discrimination or harassment claims, such as age discrimination claims, must first be filed with the EEOC or the DHR before a lawsuit can be filed.

Suggestions for Further Action:

• Employers should develop and implement anti-discrimination and anti-harassment policies and procedures.
• Employers should provide ongoing training to employees on discrimination and harassment prevention.
• Employers should consult with legal counsel to ensure their policies and procedures comply with applicable laws and regulations.

Disclaimer: This advice is intended for informational purposes only and should not be relied upon as a substitute for legal advice from a licensed attorney.