Navigating Discrimination Claims: A Step-by-Step Guide for New York Employees

Workplace discrimination creates immense personal and professional hardships for those targeted. Recognizing when to take action and understanding the laws and regulations that govern these cases is important, but these rules are complex and involve federal, state, and even New York City-specific regulations. Working with an employment lawyer in New York is important to ensure your rights are protected at every point.

A Step-by-Step Guide for New York Employees

Step One: Identifying Workplace Discrimination

Discrimination comes in many forms, some overt and others insidious. It can impact everything from hiring to pay raises and opportunities for promotion, and can even ultimately culminate in wrongful termination. How do you know if what you’re experiencing is actionable?

Discrimination Based on Protected Characteristics

Federal, state, and New York City laws all prohibit workplace discrimination based various protected categories, with the New York City law covering the most protected characteristics, including race, color, religion, national origin, sex, gender identity, sexual orientation, age, disability, pregnancy, and more. If you were fired, demoted, denied a promotion, or otherwise professionally harmed based on a protected category, you may have an actionable claim for discrimination.

Harassment Creating a Hostile Work Environment

Conduct that creates an intimidating, humiliating, or offensive work environment tied to your protected status, even in the absence of tangible harm to job position or salary, may provide grounds for a legal claim.

Retaliation

Employers cannot punish you for making complaints about discrimination. Retaliatory actions such as demotions, undesirable schedule changes, or terminations triggered by a complaint of discrimination are themselves illegal. The trick here is to prove that the action your employer took is retaliatory. To do so, the adverse action will have to be linked to your complaint of discrimination.

Signs of Potential Discrimination

Subtle discrimination is often difficult to prove, but there are some red flags that mean you should look into employer conduct more closely. Look out for:

• Unexpected changes to job duties that apply only to you, or a workload that seems discriminatory

• Patterns of less favorable treatment that only seem to be affecting those within your protected class

• Offensive comments or jokes tied to your race, gender, or other protected status

• Being passed over for promotions or opportunities, if those are being given to less-qualified colleagues of another race, gender, age, etc.

Step Two: Document Everything

While experiencing unfair treatment at work is emotionally draining, and you understandably may just want to forget about it whenever you’re not at work, taking the time to document what’s going on will help you if you need to take action. Here’s what to do:

Keep a Journal

Log any interactions, conversations, and incidents related to what you perceive as discriminatory treatment. Include dates, times, and the identity of those involved, ensuring you note direct quotes whenever possible. Get in the habit of doing this on the same day it happens, as fresh memories are more reliable than trying to recall things days, weeks, or months later.

Preserve Evidence

Keep copies of emails, texts, performance reviews, pay stubs, or any other documents highlighting discrepancies in treatment compared to others or demonstrating potential bias.

Seek Witnesses

If co-workers observe the discriminatory treatment, make a note of who might be willing to support your claim. Their testimony can add valuable credibility to your claims and even highlight things you were not aware of.

Step Three: Follow Internal Reporting Mechanisms

Many employers have policies in place for addressing discrimination complaints, so consult your employee handbook for guidance. Follow those procedures carefully and document each stage of the process in case your employer’s response proves inadequate. Even if you fear retaliation, reporting discrimination within your company will strengthen your case with the federal, state, or city authorities. Remember, too, that while internal channels are important to follow, you can and should contact an employment lawyer in New York as soon as possible. A lawyer can help analyze your potential claims and determine the appropriate forum where to file a complaint, which may include the New York Human Rights Commission, the New York State Division of Human Rights, or the U.S. Equal Employment Opportunity Commission. Where you file your complaint will depend on the circumstances of your case, and an employment attorney can help you evaluate your options and make the right decision.

Step Four: File a Formal Complaint

When internal reporting fails to stop discrimination, it’s time to pursue outside channels. The first step may be having an employment attorney contact the employer on your behalf and attempt to resolve the issue without the need for further legal action. If those discussions don’t lead to a satisfactory result, the next step could be filing a complaint.Depending on the basis of your claim and your employer’s size, several options exist, including the following:

New York State Division of Human Rights (NYSDHR)

This agency handles discrimination claims under New York state law. Complaints for unlawful discrimination that occurred prior to February 15, 2024 have a one-year filing deadline, except for claims based on sexual harassment, which have a three-year filing deadline. All unlawful discrimination claims arising after February 15, 2024 now have a three-year filing deadline.

Equal Employment Opportunity Commission (EEOC)

The EEOC enforces federal anti-discrimination laws. You typically have 180 days to file a charge with the EEOC; however, this 180-day filing deadline may be extended to 300 days if the charge is also covered by a state or local anti-discrimination law.

New York City Commission on Human Rights (NYCCHR)

This city-level agency provides even more robust protections, and your complaint must be filed within one year of the last alleged act of discrimination or within three years for gender based discrimination. However, the NYCCHR will not accept a complaint that was already filed with another court or agency.

Why Filing Deadlines Matter

Missing the deadlines may mean that you permanently forfeit your right to a claim, no matter how strong your case might be or how much you’ve lost. There are also exceptions in some cases and changes to filing time limits depending on where you’re filing. Don’t lose your chance at justice: consult an attorney at Katz Melinger PLLC immediately if you believe discrimination is occurring.

Step Five: Building Your Case (and Why an Employment Lawyer in New York Is Key)

Proving discrimination isn’t always easy. It requires building a compelling narrative from pieces of evidence that, taken in isolation, might not always seem significant. Having an experienced employment discrimination lawyer on your side offers several advantages. For one, your attorney knows what to look for and how to demand vital information from your employer through the discovery process. They’ll help you build a timeline of events, identify patterns of unfair treatment, and uncover past complaints against your employer that may

strengthen your position. New York also has quite a patchwork of city, state, and federal discrimination laws, each with its nuances, as indicated above. You need an employment attorney with specific experience in getting through all these procedural requirements while maximizing the protections available to you. Additionally, many cases settle before trial, and in these negotiations, a skilled employment lawyer will be your voice, negotiating for fair compensation reflecting any lost wages, emotional distress, desire for potential reinstatement, and other potential damages unique to your situation. If a settlement proves impossible, we will take your fight to an agency or court.

We’re On Your Side

At Katz Melinger PLLC, we understand the turmoil that workplace discrimination causes, as well as the laws and regulations that surround this issue. We’ll examine every detail of your case with an eye towards uncovering patterns of bias or unfair treatment and provide you with personalized, compassionate representation. Don’t go it alone: contact us at Katz Melinger PLLC in New York City now for help.