Understanding the Employment Discrimination Lawsuit Process in New York
If you believe you’ve been treated unfairly at work because of your age, race, gender, disability, religion, or another legally protected characteristic, you may be wondering: What happens next? Filing an employment discrimination claim in New York can seem overwhelming, but knowing the key steps can help you feel more informed and empowered.
Here’s a clear, step-by-step breakdown of the process involved in a New York employment discrimination lawsuit:
Step 1: The Investigation – What Happened?
The first step is understanding the facts of your case. This means figuring out:
- What occurred: Were you harassed, wrongfully terminated, passed over for a promotion, or treated unfairly at work?
- Who did it: Was the discrimination coming from a supervisor, coworker, or someone else?
- Are you protected: New York law protects workers from discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, and gender identity), age, disability, marital status, and more.
- What did you lose: Think about your damages—such as lost wages, emotional distress, or missed career opportunities.
Step 2: Filing an Administrative Complaint
Before you can sue, most employment discrimination claims require filing a complaint with a government agency:
- EEOC (Equal Employment Opportunity Commission) – This federal agency handles claims under federal anti-discrimination laws.
- New York State Division of Human Rights (NYSDHR) – This state agency enforces the New York Human Rights Law, which often offers even broader protections than federal law.
These agencies will investigate your claim and may try to resolve the issue before it goes to court.
⏱️ Time matters: You generally must file with the EEOC within 300 days of the discriminatory act, and with NYSDHR within one year.
Step 3: Filing a Lawsuit
If your case isn’t resolved during the administrative process, you may move forward by filing a lawsuit. This includes:
- Filing the complaint: The legal document that outlines your allegations.
- Serving the complaint: Officially delivering the papers to the employer (now called the defendant).
- Receiving an answer: The defendant usually denies the claims and explains their side.
Step 4: Discovery – Gathering Evidence
Next comes discovery, the fact-finding phase. Both sides exchange:
- Documents (e.g., emails, personnel files)
- Answers to written questions
- Depositions – where witnesses are questioned under oath
This is where your attorney will build your case and learn how the employer plans to defend themselves.
Step 5: Settlement and Mediation
Many employment discrimination cases in New York are resolved without a trial. During mediation, both sides meet with a neutral third party—often a retired judge or experienced attorney—to negotiate a resolution.
Mediation is informal and non-binding, but it can lead to a fair settlement without the stress and cost of going to court.
Step 6: Trial
If settlement fails, the case may go to trial. This could be in front of:
- A judge (bench trial)
- A jury (jury trial)
Trials can last anywhere from a few days to several weeks. While trials aren’t always like what you see on TV, they’re your opportunity to present evidence and let a decision-maker resolve the dispute.
Need Legal Help? Talk to a New York Employment Discrimination Attorney
If you’re dealing with a workplace discrimination issue or want to know whether you have a valid case, don’t go through it alone. A knowledgeable employment attorney can guide you through the process, help you file the right paperwork on time, and fight for the compensation and justice you deserve.
📞 Call us today or visit our website to schedule a consultation. We’re here to help New York workers protect their rights.