If your employer has 15 or more employees, and you believe you have been discriminated against by your employer while on the job or while applying for a job because of your race, age (40 or older), gender (including pregnancy), sexual orientation, color, religion, national origin, or disability, in violation of federal law, you must file a charge of discrimination with the EEOC. However, if you plan to bring a lawsuit under the Equal Pay Act, you may go directly to court without filing a charge with the EEOC.
First, either visit the New York EEOC office or contact the EEOC to file a charge. The New York office is located at 33 Whitehall Street, 5th Floor, New York, NY 10004 and the phone number is 1-800-669-4000. An interview will be conducted to better understand the facts of your claim and assess whether your employment experiences are covered under the laws in which EEOC enforces. You also have the option of filling out an online assessment form, https://egov.eeoc.gov/eas/. You have 300 days, from the date of the alleged harm, to file a charge with the EEOC.
However, if your employer has less than 15 employees, and you believe your employer, in violation of state law, has discriminated against you, it is unnecessary to file a charge with the EEOC, and an action may be brought directly in state court. You may contact us immediately to pursue a private lawsuit. In this case, you have 365 days, from the date of the alleged harm, to bring a lawsuit against your employer.
For more information on how to file a charge with the EEOC, you can visit their website: http://www.eeoc.gov/employees/howtofile.cfm.
Second, once you file a charge, you may be asked to try and settle the dispute through mediation. Mediation is an informal and confidential way to try and resolve the situation with your employer with the help of a neutral mediator. However, if the mediation is unsuccessful, or if the case is not sent to mediation, the EEOC will begin an investigation into your case.
Third, if the investigation finds no violation of the law, the EEOC will give you a “Notice of Right to Sue” letter, which gives you permission to file a suit in a court of law. However, if the investigation does find a violation of the law, the EEOC will try to settle with your employer. If a settlement cannot be reached, the EEOC’s legal team will determine whether the EEOC should file a lawsuit. If the EEOC decides not to file a lawsuit, it will issue you a “Notice of Right to Sue.”
Lastly, if you receive a “Notice of Right to Sue,” you must file your lawsuit within 90 days. However, if you plan to file an age discrimination lawsuit, you do not need to wait for a “Notice of Right to Sue.” You may file a lawsuit anytime after 60 days from the day you filed your charge.
If you want to file a lawsuit before the investigation is complete, you can request a “Notice of Right to Sue.” If more than 180 days have passed since you filed your charge, and you make a written request to the EEOC for a “Notice of Right to Sue,” the EEOC is required to give it to you if they cannot finish the investigation within the 180 days. Once the EEOC gives you a “Notice of Right to Sue,” it will close your case and take no further action.
If you have received a “Notice of Right to Sue” and you want to pursue a private lawsuit, you can contact us at (212) 425-4250 for further assistance.
(Written by Jasmine Madiou)
