What is the New York State Human Rights Law?

The New York State Human Rights Law (“NYSHRL”), § 290 et. seq. of the New York Executive Law, mandates that employees be able to work without harassment or discrimination based upon sex, gender identity, pregnancy (including failure to accommodate), disability (including failure to accommodate), race, creed, color, national origin, sexual orientation, military status, age, marital status, domestic violent victim status, predisposing genetic characteristics, prior arrest or conviction record, or familial status.

In addition, an employee cannot suffer an adverse action (termination, etc.) for opposing discrimination in the workplace. That constitutes retaliation.

How Does the New York State Human Rights Law Protect Employees?

If your employer takes any adverse action against you because you belong to one, or more, of the above categories, or fails to accommodate your disability, or retaliates against you for engaging in protected activity because you complained of discrimination, your employer has violated the New York State Human Rights Law.

What is the Process?

The New York State Division of Human Rights is an administrative agency that handles complaints of discrimination. You can file a charge or complaint of discrimination at the New York State Division of Human Rights within one year of the last act of discrimination, or three years if you are claiming sexual harassment. (You may also file a Summons and Complaint in New York State Supreme Court within 3 years of the date of discrimination). 

What Happens after a Charge of Discrimination is Filed?

An investigator will review your charge of discrimination and the Respondent employer will submit a position statement. If your complaint receives a finding of "probable cause," you will be entitled to a hearing before an Administrative Law Judge, who may award damages if you can prove that you were discriminated against.

What Kind of Damages Can be Awarded?

After a hearing, an Administrative Law Judge can award backpay to the employee (which represents lost earnings), compensatory damages for pain and suffering, punitive damages, if the employer’s conduct is found to be willful or reckless, and, possibly, reinstatement. Also, the ALJ must award counsel fees to the employee’s attorney, if the employee prevails. The ALJ must also award civil penalties, which are paid to the New York State Division of Human Rights. 

Should I Use an Attorney?

For more information about litigating at the New York State Division of Human Rights, CLICK HERE.

 Employment Attorney Raymond Nardo has represented hundreds of employees at the New York State Division of Human Rights.