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Discrimination & civil rights · Situation

Discrimination at work in New York: your rights under the Human Rights Law and where to file

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

In New York it is illegal for an employer to refuse to hire, fire, pay less, or otherwise treat you worse because of your age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a domestic violence victim (Executive Law § 296(1)). The state law covers all employers, however small, and forbids retaliation for complaining. You can file with the NYS Division of Human Rights within three years, or sue in court instead. Federal (EEOC) and New York City deadlines are shorter.

Read on for the details, the exceptions and the sources.

In plain words

Human Rights Law (HRL)
New York's main anti-discrimination law, Article 15 of the Executive Law (§§ 290–301).
Protected characteristic
A trait the law says can't be the reason for worse treatment, like race, sex, age or disability.
Division of Human Rights (DHR)
The state agency that investigates discrimination complaints and can hold hearings and order remedies. It's free.
Retaliation
Punishing someone for complaining about discrimination, helping someone else complain, or asking for an accommodation. It's illegal on its own.
Election of remedies
In general you pick one place for a Human Rights Law claim — the Division or a court — not both.

What the law says, briefly

Executive Law § 296(1)(a) makes it unlawful for an employer, because of a protected characteristic, to refuse to hire you, fire you, or discriminate against you in pay or in the terms, conditions or privileges of your job. Job ads, applications and interview questions that show such a preference are also unlawful (§ 296(1)(d)), and so is punishing you for opposing discrimination, filing a complaint, testifying, or requesting a reasonable accommodation (§ 296(1)(e), § 296(7)).

The state law reaches more employers than federal law. "Employer" includes all employers within the state (§ 292(5)) — unlike federal Title VII and the ADA, which apply to employers with 15 or more employees. The only people excluded as employees are those employed by their own parent, spouse or child (§ 292(6)). Contractors, vendors and consultants working in a workplace are protected too (§ 296-d). A practice can be unlawful because of its discriminatory effect even without intent, unless the employer shows it is job-related, necessary, and that nothing less discriminatory would work (§ 296(5-b)). The law is to be read broadly in favor of its purpose (§ 300).

What to check in your lease, contract or papers

  • Your offer letter, job description and any written evaluations — do they match what the employer now says?
  • The employee handbook and any anti-discrimination or anti-harassment policy, including how to complain internally
  • Any arbitration agreement you signed when hired; ask a lawyer whether it covers your claim before choosing where to file
  • Any severance offer or release: signing it may give up your discrimination claims, so read it carefully and consider advice first
  • Pay records and job postings, if the issue is unequal pay or a missed promotion

What to document

  • Dates, words and names: write down each incident as soon as it happens, including what was said and who heard it.
  • How others were treated: people outside your group who got the job, raise, schedule or leniency you didn't.
  • Your complaints: when and to whom you complained, and what happened afterwards.
  • Changes after you complained: new write-ups, schedule cuts, exclusion, termination.
  • Keep copies at home or in a personal account — not only on a work computer or phone.

What to do, step by step

  1. Write it down

    Make a dated timeline of what happened, with names, witnesses and documents.

  2. Complain internally, in writing

    If it's safe, report it under the employer's policy by email, saying you believe the treatment is because of a protected characteristic. Keep a copy.

  3. Note your deadlines

    Three years to file with the Division of Human Rights (Executive Law § 297(5)); generally 300 days for a federal EEOC charge in New York; one year at the NYC Commission on Human Rights for most claims.

  4. Choose where to file

    File with the Division of Human Rights (free, by phone at (844) 697-3471 or online), or go to court with a lawyer. If you might want a federal claim too, file an EEOC charge in time.

  5. Cooperate with the investigation

    Answer the Division's requests and send your evidence. The Division is neutral: it investigates but doesn't act as your lawyer.

What not to do

  • Don't wait: deadlines run from each discriminatory act, and the federal ones are much shorter than the state's.
  • Don't take or forward confidential company documents you aren't allowed to have; ask a lawyer how to preserve evidence properly.
  • Don't sign a severance agreement or release without understanding what claims you give up.
  • Don't file in court and at the Division for the same claim — under Executive Law § 297(9) choosing one generally rules out the other.
  • Don't quit in anger before talking to someone; it can affect both your claim and unemployment benefits.

When to send a demand letter

Discrimination claims usually start with a written internal complaint rather than a demand letter. If you have a lawyer, the lawyer may send the employer a letter describing the claim and proposing a settlement before anything is filed. Either way, put your complaint in writing: it creates a record, and punishing you for it is itself illegal retaliation under § 296(7).

When to go to court

You can bring a Human Rights Law claim in court instead of filing with the Division (§ 297(9)). If you file with the Division first, you can ask it to dismiss your complaint for "annulment of election of remedies" before a hearing so you can go to court. Court cases are generally also subject to a three-year limit (CPLR § 214(2) sets three years for liabilities created by statute), but the timing rules are technical, so talk to a lawyer early.

If the Division finds discrimination after a hearing, it can order the employer to stop, hire or reinstate you, give back pay, pay compensatory damages and, against private employers, punitive damages, plus civil fines (§ 297(4)(c)). A court or the Division may award attorney's fees to a winning employee (§ 297(10)). A federal lawsuit for employment discrimination generally requires an EEOC charge first.

What evidence to keep

  • Your timeline and notes made at the time
  • Emails, texts, chat messages and voicemails
  • Pay stubs, schedules, evaluations and disciplinary write-ups
  • Job postings and the names of people hired or promoted instead
  • Your written complaints and the employer's responses
  • Names and contact details of witnesses

Frequently asked questions

My employer has only five employees. Does the law apply?

Yes. The New York Human Rights Law covers all employers within the state (Executive Law § 292(5)). Federal Title VII and the ADA apply only to employers with 15 or more employees.

How long do I have to file with the Division of Human Rights?

Three years after the discrimination (Executive Law § 297(5)). The Division says this applies to acts on or after February 15, 2024; for older acts the deadline was one year, except workplace sexual harassment, which already had three years.

Should I also file with the EEOC?

If you may want federal remedies or a federal lawsuit, yes, and in time. The EEOC deadline is generally 180 days, extended to 300 days where a state agency enforces a similar law, as in New York. The NYC Commission notes it no longer automatically cross-files employment claims with the EEOC.

I'm in New York City. Is there another option?

Yes. You can file with the NYC Commission on Human Rights under the city's Human Rights Law, generally within one year (three years for gender-based harassment). You can't file there if you already filed the same claim with another agency or court.

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.