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Attorney Advertising · New York Employee Rights Guide

How to File a Discrimination Complaint in New York — Step by Step

Harassed, discriminated against, or punished for speaking up at work? Here is how to file with the New York State Division of Human Rights, the NYC Commission on Human Rights, or the federal EEOC — or go straight to court — and how to protect your deadlines, even without a lawyer.

Our honest advice: read this, then talk to an employment lawyer before you file. In New York, where you file first can close the courthouse door on your claims.

See the 8 steps ↓ Free Consultation · (800) 807-2209
3years to file with the NYS Division of Human Rights
3years to sue in state court under the State or City law
300days to file with the federal EEOC
$0cost to file with the Division of Human Rights
First Decision

Two ways to bring your claim — choose carefully

Unlike federal law, New York's State Human Rights Law and the New York City Human Rights Law do not require you to file with an agency or get a "right-to-sue" letter first. You can file a complaint with a government agency, or sue directly in New York State Supreme Court. But under the "election of remedies" rule, choosing the agency generally means giving up your right to sue in court on the same claims.

Slower · Agency does the work

Option A: File with the State Division of Human Rights (or the NYC Commission)

  • Free, and you don't need a lawyer to file
  • The agency sends your complaint to your employer and investigates
  • The Division decides whether there is "probable cause." If there is, your case goes to a public hearing before a Division judge, with a Division attorney presenting it
  • Expect the investigation alone to take at least several months, and sometimes longer
  • The Division can award back pay, emotional distress damages, punitive damages against private employers, and (only after a public hearing) attorney's fees
  • Filing here generally bars a court lawsuit on the same claims — under both State and City law
Direct · You do the work

Option B: Sue directly in New York State Supreme Court

  • No agency filing or right-to-sue letter needed for State or City law claims
  • Generally 3 years from the discrimination to file your lawsuit
  • You pay court fees (or ask the court to waive them), serve every defendant, and follow court rules
  • Damages, including punitive damages against private employers, and attorney's fees at the court's discretion
  • Federal claims (Title VII, ADA, age discrimination) need an EEOC charge first — see Step 7
  • Your employer will almost certainly have a lawyer. Representing yourself in court is hard
The Process

8 steps to file your New York discrimination complaint

Follow these in order. Each step builds on the last, and skipping one can sink your case.

1

Confirm your claim is covered — and still on time

The New York State Human Rights Law covers all employers in the state, of any size, including state and local government employers. It forbids discrimination and harassment because of age (18 and older), race (including traits such as hair texture and protective hairstyles), creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, and status as a victim of domestic violence. It also requires reasonable accommodations for disabilities and pregnancy-related conditions, and forbids retaliation for complaining, taking part in a proceeding, or requesting an accommodation.

  • No "severe or pervasive" requirement. Harassment is illegal when it subjects you to inferior terms, conditions, or privileges of employment because of a protected trait. It is a defense only if the conduct was no more than what a reasonable person with your same protected trait would consider "petty slights or trivial inconveniences." Not complaining to your employer first does not automatically defeat your claim.
  • Work in New York City? The NYC Human Rights Law adds protections — for example, caregiver status, height, weight, partnership status, and sexual and reproductive health decisions. It covers employers with 4 or more people (any size for gender-based harassment, and anyone who employs a domestic worker) and protects interns, freelancers, and independent contractors.
  • Contractors, vendors, and consultants working in an employer's workplace are also protected under State law.
  • Deadlines: 3 years to file with the State Division (for acts on or after February 15, 2024 — for earlier acts the Division deadline was 1 year, or 3 years for workplace sexual harassment); 1 year to file with the NYC Commission (3 years for gender-based harassment); generally 3 years to sue in court. Shorter deadlines can apply against school districts and other public employers — see the table below.
  • Federal employees generally must use the federal process instead. They must contact their agency's EEO counselor within 45 days.
  • Unpaid wages and overtime are handled by the NYS Department of Labor or a wage lawsuit (generally 6 years), not the Division of Human Rights.
2

Gather your information

  • Your employer's correct legal name and address (check a paystub, W-2, or the NY Department of State's business entity search)
  • The name of each person who harassed or discriminated against you, with job title
  • Dates of each incident — especially the last one
  • What happened to you: firing, demotion, pay cut, harassment, denied accommodation, etc.
  • Witness names, texts, emails, photos, and performance reviews
  • Any arbitration agreement you signed (check your onboarding paperwork) — it may affect where your case is heard
💡 Not sure which company employed you (staffing agency vs. client company)? Name every entity that may have employed you, and every individual who harassed you.
3

Choose where to file — this choice is hard to undo

You generally get one of these for your State and City claims: the State Division of Human Rights, the NYC Commission on Human Rights, or state court. Filing with the Division or with a local human rights commission generally bars a court lawsuit under the State law, and filing with either agency generally bars a court lawsuit under the City law.

  • The main exceptions: the agency dismisses your complaint for "administrative convenience," or annuls your election of remedies at your request. Under State law, a Division dismissal for untimeliness also preserves your right to sue. Under City law, a Division dismissal preserves your City-law suit only for administrative convenience or annulment; a Commission dismissal preserves it for administrative convenience or lack of jurisdiction (which can include a late filing).
  • A complaint the EEOC sends to the State only to satisfy federal law is not treated as your filing under the State law. City law is similar: a federal charge that is later referred to the City Commission or State Division does not count as your filing. Ask a lawyer before filing anywhere if you may want to go to court.
  • If you file a lawsuit first, you generally cannot later file with the Division on the same grievance.
⚠️ This is the single biggest trap for New Yorkers filing on their own. Once you file with an agency, getting back into court is largely up to the agency, not you.
4

Contact the agency to start your complaint

State Division of Human Rights: the Division says the easiest way is to call its Call Center at (844) 697-3471, where an agent files the report for you. You can also complete the Discrimination Reporting Form yourself online (start at dhr.ny.gov/complaint). If a disability keeps you from calling or using the online form, the Division offers the form in alternative formats. The Division first reviews your report to confirm the State law covers it — this may take several weeks — and then helps you file an official complaint.

NYC Commission on Human Rights: call 311 or (212) 416-0197, or use the Commission's online form at nyc.gov/humanrights. The Commission's office is at 22 Reade Street, New York, NY 10007 (bring photo ID). Commission staff will discuss your allegations at intake.

💡 Don't wait for the review to run out the clock. Start the process well before your deadline and keep proof of the date you first contacted the agency.
5

Fill out the complaint — completely

Your complaint is made under oath or by declaration, and it must name each person or company you accuse and describe what happened. What you leave out can be hard to add later.

  • Name your employer and each individual who harassed or discriminated against you
  • Check every protected basis and every harm that applies
  • If you complained, asked for an accommodation, or took part in an investigation and were punished, include retaliation
  • Write a short, factual, date-ordered description of what happened
  • For the State Division, ask that your employment complaint also be sent to the federal EEOC. The NYC Commission no longer automatically cross-files with the EEOC
💡 Be accurate and keep it simple. Your words can be used against you later.
6

Follow the investigation — and watch for the decision

The Division serves your complaint on your employer and investigates. By law it is supposed to decide within 180 days whether there is probable cause, though cases can take longer. Along the way it may try to settle the case through conciliation. Keep your contact information current and respond to every letter.

  • Probable cause: the case is set for a public hearing. A Division attorney presents your case, and you may also have your own lawyer.
  • No probable cause: your complaint is dismissed. Save the order and the date it was served.
  • Changed your mind? Before a hearing, you can ask the Division to dismiss your complaint and annul your election of remedies so you can go to court. The Division decides whether to grant it.
⚠️ To challenge a Division order in court, you must start a proceeding in State Supreme Court within 60 days after the order is served. Courts review the agency's decision; this is not a new trial.
7

Protect your federal claims with the EEOC

Federal laws like Title VII, the ADA, and the age discrimination law (ADEA) work differently: you must file a charge with the U.S. EEOC before suing under Title VII or the ADA. In New York the deadline is 300 days from the discrimination (for ongoing harassment, from the last incident). Weekends and holidays count, but a deadline that falls on one moves to the next business day.

After the EEOC issues a Notice of Right to Sue, you have 90 days to file a federal lawsuit. You can ask in writing for the notice before 180 days pass, but the EEOC will issue it early only if it certifies it can't finish within 180 days, and early notices aren't available against government employers. Age claims don't require the notice before suing (you must still file a charge and wait 60 days), and Equal Pay Act claims don't require an EEOC charge at all.

💡 A State Division complaint can be sent to the EEOC at your request. The NYC Commission no longer cross-files with the EEOC, so if you use the Commission you need a separate EEOC charge to preserve federal claims — and because the Commission won't take a complaint already filed with another agency, ask a lawyer which to file first.
8

Or file your lawsuit in State Supreme Court

If you skip the agencies, you start a case by filing a summons and complaint with the county clerk in the Supreme Court of a proper county — generally where you or a defendant lived when the case starts, or where a substantial part of what happened took place.

  • The index number fee is $210. When you ask for a judge to be assigned (a Request for Judicial Intervention), the fee is $95. Motions and jury demands cost extra.
  • Can't afford the fees? Ask the court to waive them by filing the poor person affidavit (CPLR 1101) with your summons and complaint.
  • Serve every defendant within 120 days of filing, and keep proof of service.
  • Suing under the NYC Human Rights Law? Within 10 days of filing, serve a copy of your complaint on the NYC Commission on Human Rights and the NYC Corporation Counsel.
💡 Free court information and help for people without lawyers: nycourts.gov/courthelp
Interactive Tool

Check your deadlines

Enter the date of the last act of harassment, discrimination, or retaliation (for example, your termination date). We'll estimate the key filing deadlines.

Estimates only. Special rules can shorten or extend these deadlines (for example, if you were a minor, your employer is a government agency, or you already filed with an agency). If a deadline falls on a weekend or public holiday, New York law generally moves it to the next business day — but file early and don't rely on the extension. Confirm your deadlines with a lawyer.

Enter a date to see your deadlines—Your results appear here instantly.
Good to Know

Can I file against just the coworker who harassed me?

Often, yes. The NYC Human Rights Law makes it unlawful for an employer "or an employee or agent thereof" to discriminate, so an individual coworker or supervisor can be named directly under City law. Under State law, any person who aids, abets, incites, compels, or coerces discrimination can be held liable, so individuals can be named there too.

But individuals rarely have the money to pay a judgment, and the employer has its own responsibilities to you. Under City law, a company's owner or top executive is also not treated as your "employer" just because of their title. In most cases, naming both the employer and each individual protects far more of your rights.

Watch Out

Some deadlines are much shorter

Related claimTypical deadline
Defamation (libel or slander), assault, battery1 year generally — longer for sexual offenses (see below), injuries from domestic violence (2 years), and gender-motivated violence in NYC (7 years)
Whistleblower retaliation (Labor Law § 740)2 years
Claims against a school district or board of educationA written verified claim within 3 months; lawsuit within 1 year — this 1-year limit applies to discrimination claims too
Tort claims (like assault) against a city, county, town, village, fire district, or school districtNotice of claim within 90 days; lawsuit within 1 year and 90 days
Rape and certain other serious sex offenses20 years. New York's Adult Survivors Act revival window closed in November 2023. In New York City, a new window under the Gender-Motivated Violence law (Local Law 50 of 2026, effective January 29, 2026) is open for gender-motivated violence that happened before January 9, 2022 — claims must be filed within 18 months after the law took effect, which is by July 29, 2027. Whether City revival windows can reach claims covered by the State's own revival laws is now before New York's highest court, so don't rely on this window alone. Talk to a lawyer now.
Unpaid wages (Labor Law)6 years
Federal EEOC charge300 days
Federal lawsuit after EEOC notice90 days from receipt

The defamation, assault, whistleblower, sex-offense, and wage claims above don't go through the Division or the Commission, and filing with either agency does not pause their deadlines.

Before You File

You can do this alone. Here's why you shouldn't have to.

In New York, the first place you file can decide whether you ever get to a courtroom. What you put on the complaint — and what you leave off — matters just as much. Your employer will have lawyers from day one. You deserve the same.

Pick the right forumAgency or court? State law, City law, or federal law? The wrong first step can be impossible to undo.
Never miss a deadlineAgency, EEOC, court, notice-of-claim, and tort deadlines all run on different clocks.
Maximize your recoveryLost wages, emotional distress damages, punitive damages in some cases, and attorney's fees (awarded at the court's or agency's discretion) may be available.
No fees or costs unless you recoverWe handle employment cases on contingency. You pay no attorney's fees unless you recover, and if there is no recovery you are not responsible for the case costs we advanced.

Free, Confidential Consultation

Talk to a New York employment lawyer about your case today.

(800) 807-2209

Derek Smith Law Group, PLLC
Responsible attorney: Derek T. Smith, Esq.
450 Seventh Avenue, 30th Floor
New York, NY 10123

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Over $500 million in settlements and verdicts obtained for employees firm-wide, across all offices* · We represent employees, not employers

*Gross amounts. Each result depended on the facts of that case, and results will differ if based on different facts. Prior results do not guarantee a similar outcome.

FAQ

Common questions

Does it cost anything to file with the Division of Human Rights?

No. The Division says reporting discrimination is free and you do not need an attorney to submit a report or file a complaint. Court fees apply if you sue instead, but you can ask the court to waive them if you can't afford them.

Do I need a right-to-sue letter to sue in New York?

Not for claims under the New York State or New York City Human Rights Laws — you can go straight to State Supreme Court. You do need an EEOC Notice of Right to Sue before bringing federal Title VII or ADA claims.

Can I file with both the State Division and the NYC Commission?

No. The Commission says it will not accept a complaint if you've already filed a discrimination complaint based on the same facts with another court or agency (including the State Division or the EEOC), and filing with either agency generally bars a court lawsuit on those claims. Pick one path — ideally after talking to a lawyer.

Does filing with the EEOC stop me from suing in state court?

Usually not by itself. State law says a complaint the EEOC files with the State to meet federal requirements does not count as your own filing, and City law says the same about a federal charge that is referred to the City Commission or State Division. But the NYC Commission says it will not accept a complaint you have already filed with another agency, including the EEOC, so the order in which you file matters. Speak with a lawyer before filing with the EEOC if you might want to sue in state court or use the Commission.

What if the Division dismisses my complaint?

For an employment complaint dismissed for lack of probable cause, you can ask State Supreme Court to review the order — but you must start that proceeding within 60 days after the order is served. You generally cannot simply refile the same claims in court. If the Division dismissed for administrative convenience, untimeliness, or because it annulled your election of remedies, you keep your State-law right to sue as if you never filed (for Division dismissals, City law lists only administrative convenience and annulment).

Do I have to prove the harassment was "severe or pervasive"?

No. The State law now says harassment is unlawful regardless of whether it would be considered severe or pervasive. Your employer has a defense if the conduct was nothing more than what a reasonable person with your same protected trait would consider petty slights or trivial inconveniences.

I signed an arbitration agreement. Can I still file?

An arbitration agreement may require some claims to be decided by an arbitrator instead of a court. But under federal law, if your case involves sexual harassment or sexual assault and the dispute arose on or after March 3, 2022, you can choose not to be bound by an arbitration agreement you signed before the dispute arose. Other agreements may be unenforceable too — have a lawyer review it.

Will my employer find out I filed?

Yes. The agency or the court process gives your employer a copy of the complaint. Retaliating against you for filing a complaint is itself illegal under the Human Rights Laws — and is a separate claim.

Attorney Advertising. Derek Smith Law Group, PLLC · 450 Seventh Avenue, 30th Floor, New York, NY 10123 · (800) 807-2209. Last reviewed October 2026; reflects the 3-year Division of Human Rights filing deadline for acts on or after February 15, 2024. This page provides general information about New York State and New York City law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and deadlines can depend on facts not covered here. Prior results do not guarantee a similar outcome. Official resources: dhr.ny.gov · nyc.gov/humanrights · eeoc.gov. © Derek Smith Law Group, PLLC.

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