Employment Discrimination Lawyers : Employment Litigation Law

Title VII applies to employers with 15 or more employees and covers hiring, firing, compensation, and terms of employment. The Age Discrimination in Employment Act (ADEA) protects workers 40 and older. The Americans with Disabilities Act (ADA) requires reasonable accommodations for qualified employees with disabilities. New York State Human Rights Law (NYSHRL) extends protection to smaller employers with as few as four employees and includes additional protected classes, such as familial status, marital status, and sexual orientation. New York City Human Rights Law (NYCHRL) provides even broader protections and allows for higher damages awards than federal law.

Discrimination can take many forms in the workplace. Disparate treatment occurs when an employer intentionally treats an employee less favorably because of a protected characteristic. Disparate impact occurs when a facially neutral policy disproportionately affects members of a protected class. Harassment based on protected characteristics, including sexual harassment, is prohibited under all three legal frameworks. Retaliation against employees who report discrimination or participate in investigations is also illegal. An experienced employment litigation law attorney can evaluate your situation and determine which legal theories apply to your case.

Before filing a federal lawsuit under Title VII or the ADEA, you must file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates your complaint and attempts conciliation between you and your employer. If conciliation fails, the EEOC may issue a right to sue letter, allowing you to pursue federal litigation. In New York, you can file simultaneously with the New York State Division of Human Rights (DHR) and the New York City Commission on Human Rights (CCHR). These agencies conduct independent investigations and may award remedies including back pay, front pay, compensatory damages, and attorney fees.

After exhausting administrative remedies or receiving a right to sue letter, you can file a lawsuit in federal or state court. Federal courts apply Title VII, ADEA, and ADA standards. New York state courts apply NYSHRL and NYCHRL standards. NYCHRL claims often provide superior remedies compared to federal law, including higher damage caps and broader definitions of discrimination. Compensatory damages cover emotional distress, reputational harm, and other non-economic losses. Punitive damages may be awarded when an employer acts with malice or reckless indifference. Attorney fees and costs are typically recoverable by prevailing plaintiffs.

Federal employment discrimination cases in New York City are handled by the United States District Court for the Southern District of New York (SDNY) and the United States District Court for the Eastern District of New York (EDNY). SDNY covers Manhattan and other areas; EDNY covers Brooklyn, Queens, and other eastern regions. These courts follow Federal Rules of Civil Procedure and have developed extensive case law on employment discrimination. New York State cases are filed in the Supreme Court, Civil Branch, in the county where the employee worked or where the employer is located. State courts apply New York procedural rules and have developed specialized knowledge of NYSHRL and NYCHRL claims. The New York Court of Appeals and Appellate Divisions regularly address employment discrimination issues, creating binding precedent.

The New York City Commission on Human Rights (CCHR) handles discrimination complaints under NYCHRL. The CCHR has streamlined procedures that often move faster than federal litigation. The New York State Division of Human Rights (DHR) investigates claims under NYSHRL. Both agencies can award compensatory damages, punitive damages, and attorney fees. The EEOC processes federal claims under Title VII and ADEA. These administrative processes typically take months to years, but they provide an important preliminary forum for resolving disputes. Many cases settle during administrative proceedings, avoiding the time and expense of litigation.

Preserve all evidence related to the discriminatory conduct. This includes emails, text messages, performance reviews, pay stubs, and witness statements. Document the dates, times, locations, and nature of discriminatory incidents. Keep records of your job duties, accomplishments, and any positive feedback received before the discrimination began. Photograph any physical evidence, such as offensive materials posted in the workplace. If you report discrimination to your employer, request a copy of the written complaint and any investigation findings. This contemporaneous documentation strengthens your case significantly and helps establish a pattern of conduct.

Report the discrimination to your employer's human resources department or management if it is safe to do so. Request a written acknowledgment of your complaint. Do not resign unless you face severe harassment or unsafe working conditions, as resignation may complicate claims for back pay and damages. Consult with an experienced employment discrimination attorney before taking any additional action. An attorney can evaluate your claims, advise you on administrative filing requirements and deadlines, and represent you throughout the process. Early legal consultation often prevents costly mistakes and maximizes your potential recovery.

Contact an experienced NYC employment discrimination lawyer as soon as you suspect illegal conduct. Most employment law firms offer free initial consultations to evaluate your case. An attorney will review your documentation, explain your legal options, and advise you on the best course of action. If appropriate, your attorney will file administrative complaints with the EEOC, DHR, or CCHR within required deadlines. Your attorney will represent you during investigations, settlement negotiations, and litigation if necessary. Throughout the process, your lawyer protects your interests and ensures your rights are fully vindicated.