How to File a Discrimination Claim in New York State

How to File a Discrimination Claim in New York State

Overview

Federal and New York State laws protect people from discrimination by employers and state agencies that provide services to you.

These laws make it illegal to discriminate against a person or a group of people, as a job applicant or as an employee.

It is also illegal to retaliate against people because they:

• Filed a discrimination complaint, or
• Participated in an investigation or lawsuit

What is Discrimination?

Under Federal & New York State laws, discrimination occurs when you are treated differently in a way that causes an adverse impact to you. It includes:

• Unfair treatment because of your protected status (race, color, religion, sex, etc.)
• Harassment by managers, co-workers, or others in your workplace because of your protected characteristics.
• Denial of a reasonable workplace change that you need because of your religious beliefs, disability, or domestic violence victim status.
• Improper questions about or disclosure of your genetic information or medical information.
• Retaliation because you complained about job discrimination or assisted with a job discrimination proceeding, such as an investigation or lawsuit.

For Department of Labor customers, discrimination may also occur based on:

• Citizenship or status to work legally in the US (lawfully admitted immigrant)
• Participation in any program or activity that receives “financial assistance” from the federal government under the Workforce Innovation and Opportunity Act (programs or services provided through our New York State Career Centers)

For information on Workforce Innovation and Opportunity Act complaints, see the USDOL Civil Rights Center website.

For details about the types of discrimination you may have encountered, see the US Equal Employment Opportunity Commission (EEOC) website.

Discrimination by Your Employer

If you got your job through a NYS Department of Labor (DOL) referral from a New York State Career Center, contact the NYS DOL, Division of Equal Opportunity Development at:

• Division of Equal Opportunity Development
  Harriman State Office Campus, Building 12, Room 576
  Albany, NY 12240
  (518) 457-1984
  www.dhr.ny.gov
• US Equal Opportunity Commission (EEOC)
  131 M Street, NE
  NE Washington, D.C. 20507
  Phone: 1-800-669-4000
  TYY: 1-800-669-6820
  Website: www.eeoc.gov