Division of Human Rights
consult with a New York Division of Human Rights complaint attorney
Phillips & Associates can handle your complaints in the New York Division of Human Rights. Discrimination in employment is prohibited by both federal and New York state law. In some cases, state laws provide better protections than federal laws. If you face workplace discrimination, consult with a New York Division of Human Rights complaint attorney today.
Discrimination in the workplace is endemic in our society. Most forms of employment discrimination - including racial discrimination, gender discrimination, age discrimination, and national origin discrimination - are prohibited by federal laws. However, many states have also enacted laws against discrimination in the workplace. State laws may be similar to federal laws and offer overlapping protections, but there are also differences in what constitutes prohibited discrimination, what employers are covered by the laws, and the procedures for handling a discrimination complaint.
Employment Discrimination is Illegal in New York
New York was the first state to enact its own comprehensive anti-discrimination law, called the Human Rights Law. This law is enforced by the state's Division of Human Rights. In order to make a discrimination claim against an employer under the Human Rights Law, the victim of discrimination must file a complaint with the Division of Human Rights. Once a complaint is filed, the Division will review the complaint, investigate the claims, and reach a determination of whether there is probable cause to believe that discrimination did in fact occur. If the Division concludes that discrimination most likely did not occur, the complaint will be dismissed, and it can be appealed in civil court. If the Division concludes that discrimination most likely did occur, a public hearing will be conducted before an administrative judge.
New York's Human Rights Law is distinct from the federal laws regulating employment discrimination in a number of important respects. New York prohibits employment discrimination based upon sexual orientation or because an individual is a victim of domestic violence. There are no federal laws that address these forms of discrimination. In addition, most federal anti-discrimination laws only apply to employers with 15 or more employees. The New York's Human Rights Law, on the other hand, applies to all employers of 4 or more employees, even if they do not all work at the same location. A complaint must be filed with the Division of Human Rights within one year of the discriminatory conduct, while federal discrimination complaints generally must be filed with the Equal Employment Opportunity Commission within 180 days.
Experienced Discrimination Attorneys at Phillips & Associates Can Help You
As in most legal proceedings, you are not required to be represented by an attorney in proceedings with the Division of Human Rights. However, it is a good idea for a number of reasons. An experienced discrimination attorney understands the Division's procedures, and knows how to present your claim in the best light. An attorney also understands the key facts that will make a difference in your claim, and can help ensure that all important facts are considered by the Division. An attorney can also represent you at the public hearing, or in any civil lawsuit that needs to be filed arising out of your Division of Human Rights complaint.
Seeking justice can be a complex process. The New York Division of Human Rights complaint attorneys at Phillips & Associates are here to help. We have extensive experience with employment discrimination cases. We understand the federal and state procedures involved. In some instances, a complaint under New York City's Human Rights Law should also be filed. We will advise you of your options and help you obtain the best results possible. Contact us today for a free confidential consultation at (866) 229-9441.
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