A New York City Sexual Harassment Lawyer Answers Your Questions
If you work in New York City, state, federal, and city laws uphold your employment rights. But what exactly does that mean when it comes to filing a sexual harassment lawsuit. With so many options, where do you go for help? You might have heard about the New York City Commission on Human Rights, a municipal agency that enforces the NYC Human Rights Law – but does that have anything to do with your case?
There are a few avenues to go down when you believe you have a sexual harassment claim. You can file a sexual harassment lawsuit in municipal, state, or federal court, depending on the circumstances. Or, you could file an administrative claim with the:
- Equal Employment Opportunity Commission (EEOC) – this agency enforces federal laws against employment discrimination.
- New York State Division on Human Rights – this agency enforces NY state laws regarding discrimination
- New York City Commission on Human Rights – this agency enforces New York City’s anti-discrimination laws
Your sexual harassment lawyer may suggest taking a complaint to the NYC Commission on Human Rights if the offending employer violated New York City law, versus state or federal law. New York City law tends to be more liberal and inclusive than state or federal law as well – a complaint that might not hold up under federal or state law might be a good case under NYC law.
Additionally, if your employer has less than 15 employees you may want to take your case to the NYC Commission as federal law only covers employers with 15 or more employees. Also, in most cases, you need to file an EEOC charge within 300 days of the offending act or the date of the last offending act – for example, the day you were fired for reporting harassment to your supervisor. The NYC Commission allows you to file a complaint for up to one year after the alleged act of employment discrimination. If you are going right to court, you may have up to three years to file.
However, you cannot file a complaint with The NYC Commission if you’ve already filed a complaint with the EEOC, NYS Division of Human Rights, or in a court of law. Additionally, by taking a charge to the NYC Commission, you may forfeit your right to file a sexual harassment lawsuit later on.
So, the short answer is: wait until you speak with a New York City sexual harassment lawyer at the Derek Smith Law Group before you take any sort of legal action.
If you believe you are the victim of harassment or gender discrimination, contact a lawyer in New York who focuses their practice on sexual harassment cases. Your attorney will listen to the facts of the claim and decide how to proceed. Never attempt to pursue legal action without the representation of seasoned legal counsel who has a track record of success. The NYC sexual harassment lawyers at the Derek Smith Law Group only accept a fee if an attorney successfully recovers money on your behalf – so you have nothing to lose by hiring a lawyer.
Contact a Sexual Harassment Lawyer for a Free Consultation
To learn more about your legal rights, schedule a free consultation with a sexual harassment attorney at the Derek Smith Law Group, PLLC. Our NYC attorneys handle cases involving sexual harassment, discrimination, and other employment-related lawsuits. Call us at 800-807-2209 for a free consultation.