New York Employment Discrimination Lawyers
Discrimination, harassment or retaliation at work? We represent employees of school districts, public agencies and private employers across New York City and Long Island.
- Governing law
- NYS & NYC Human Rights Laws · Title VII
- School districts
- One-year deadline · Educ. Law § 3813
- Consultation
- Free and confidential
Discrimination, harassment and retaliation at work
New York law protects employees from being fired, demoted, passed over, paid less or harassed because of who they are, and from being punished for complaining about it. We represent employees across New York City and Long Island in claims against public and private employers.
We handle claims involving:
- Termination, demotion, discipline or denial of promotion or tenure
- Hostile work environment and sexual harassment
- Unequal pay and unequal assignments
- Failure to accommodate a disability, pregnancy or religious practice
- Retaliation for complaining about discrimination, or for supporting a co-worker’s complaint
The New York State Human Rights Law protects employees from discrimination based on age, race, creed, color, national origin, sex, sexual orientation, gender identity or expression, disability, pregnancy-related conditions, military status, marital and familial status, domestic violence victim status and other characteristics (Executive Law § 296).
Teachers and staff of school districts and other public employers
We represent teachers, teaching assistants, aides, administrators, coaches and support staff employed by school districts and BOCES, and employees of towns, villages, counties and other public agencies.
Claims against public employers follow special rules. A discrimination claim against a school district or board of education must generally be filed in court within one year, not three (Education Law § 3813(2-b)), and a notice of claim may also be required within three months (Education Law § 3813(1)). Other public employers can have their own notice requirements. Because these deadlines run from the discriminatory act, it is important to speak with a lawyer early.
The laws that protect New York employees
The New York State Human Rights Law covers employers of every size. Since 2019 it must be construed liberally in favor of employees, and harassment is unlawful when it subjects an employee to inferior terms, conditions or privileges of employment; it need not be “severe or pervasive.”
The New York City Human Rights Law applies to employers with four or more employees in New York City and is broader still.
Federal law, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act, applies to larger employers and requires a charge with the Equal Employment Opportunity Commission before suit.
Deadlines
- A complaint with the New York State Division of Human Rights: three years for claims arising on or after February 15, 2024.
- A lawsuit under the State or City Human Rights Law: generally three years (CPLR 214(2)), but one year against a school district.
- A charge with the EEOC: 300 days from the discriminatory act in New York. After the EEOC issues a right-to-sue notice, suit must be filed within 90 days.
Filing with the Division of Human Rights can affect your right to sue in court later, so get advice before choosing a forum.
What you can recover
Depending on the claim, remedies can include back pay, front pay or reinstatement, compensatory damages for emotional distress, and attorney’s fees. Punitive damages are available against private employers in some cases, but generally not against public employers.
What to do now
- Write down dates, names and what was said while it is fresh.
- Keep copies of evaluations, emails, texts and your offer letter, but do not take confidential employer records you are not entitled to.
- Put complaints to human resources or your supervisor in writing.
- Do not sign a severance agreement or release before having it reviewed.
Frequently asked questions.
I work for a school district. Is my deadline different?
Usually, yes. Human Rights Law claims against a school district or board of education must generally be brought within one year (Education Law § 3813(2-b)), and a notice of claim may be required within three months. Call as soon as possible after the discriminatory act.
Do I have to file with the EEOC or the Division of Human Rights first?
For federal claims, yes: you must file an EEOC charge within 300 days. For State and City Human Rights Law claims, you can generally go directly to court. Filing with the Division of Human Rights can limit your ability to sue later, so get advice before choosing.
Can my employer fire me for complaining about discrimination?
No. Retaliation against an employee for opposing discrimination, filing a complaint or taking part in an investigation is itself unlawful (Executive Law § 296(7)), even if the underlying complaint is not ultimately proven.
I was offered a severance agreement. Should I sign it?
Not before having it reviewed. A severance agreement usually includes a release of discrimination claims. New York also restricts confidentiality terms in agreements resolving discrimination claims.
What does it cost to talk to you?
The consultation is free and confidential. We discuss fee arrangements at the outset. The Human Rights Law allows a prevailing employee to recover attorney’s fees in employment cases.