NYS Division of Human Rights and EEOC Claims Lawyer in Westbury

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Comprehensive Guide to NYS Division of Human Rights and EEOC Claims

If you believe you have been subjected to discrimination or unfair treatment in the workplace, understanding the processes involved with the New York State Division of Human Rights and the Equal Employment Opportunity Commission (EEOC) is essential. These agencies handle claims related to discrimination on various grounds, including race, gender, age, disability, and more. Navigating this area of law requires careful attention to detail and a clear understanding of your rights under state and federal laws.

At United Legal Fighters, we focus on advocating for individuals facing employment discrimination in Westbury and throughout New York. Our team is dedicated to guiding clients through the filing and investigation stages of claims with both the NYS Division of Human Rights and the EEOC. We strive to ensure that your voice is heard and that you receive fair consideration throughout the legal process.

Why Addressing NYS Division of Human Rights and EEOC Claims Matters

Filing a claim with the NYS Division of Human Rights or the EEOC is a vital step towards holding employers accountable for discriminatory practices. These claims not only seek justice for individual employees but also help enforce anti-discrimination laws that protect all workers. Taking prompt action can lead to remedies such as compensation, policy changes, and improved workplace conditions.

Our Commitment to Supporting Your Employment Discrimination Claim

United Legal Fighters is a civil rights law firm serving clients in Westbury and across New York. Our team handles a wide range of employment discrimination matters, including claims involving retaliation, sexual harassment, and wrongful termination. We are dedicated to providing thorough representation and clear communication throughout your claim process.

Understanding NYS Division of Human Rights and EEOC Claims

Claims filed with the NYS Division of Human Rights and the EEOC address workplace discrimination under state and federal laws. These agencies investigate allegations related to various protected categories such as race, age, disability, gender, and sexual orientation. The process typically involves submitting a complaint, undergoing an investigation, and potentially participating in mediation or litigation.

It is important to understand the specific requirements and deadlines associated with filing these claims. Timely action can protect your rights and improve the likelihood of a favorable outcome. Our team is here to help you navigate these procedures efficiently and effectively.

What Are NYS Division of Human Rights and EEOC Claims?

These claims refer to formal complaints filed by employees who believe they have been subjected to unlawful discrimination in the workplace. The NYS Division of Human Rights is a state agency that enforces New York’s Human Rights Law, while the EEOC enforces federal anti-discrimination laws. Both agencies review complaints and take appropriate action to address violations.

Key Elements and Processes Involved in Employment Discrimination Claims

Filing a claim involves several steps, beginning with the submission of a complaint detailing the alleged discriminatory act. The agency will then investigate the claim, which may include gathering evidence, interviewing witnesses, and reviewing employer policies. In many cases, mediation or settlement discussions occur to resolve the dispute without litigation.

Glossary of Important Terms Related to NYS Division of Human Rights and EEOC Claims

Understanding the terminology used in employment discrimination law can help clarify the claims process. Below are definitions of common terms you may encounter when filing a claim or discussing your case.

Discrimination

Discrimination refers to unfair treatment of an individual based on protected characteristics such as race, gender, age, disability, or other legally recognized categories. This can occur through hiring decisions, workplace policies, or disciplinary actions.

Retaliation

Retaliation occurs when an employer takes adverse action against an employee for asserting their rights, such as filing a discrimination claim or participating in an investigation. Retaliation is prohibited under both state and federal laws.

Mediation

Mediation is a voluntary process where an impartial third party helps the disputing parties reach a mutually acceptable resolution without proceeding to formal litigation. It is often used to resolve claims filed with the NYS Division of Human Rights and the EEOC.

Protected Class

A protected class is a group of people protected from discrimination by law due to shared characteristics such as race, gender, age, religion, or disability. Employment laws prohibit discrimination against members of these classes.

Comparing Legal Options for Employment Discrimination Claims

Individuals facing workplace discrimination have several avenues available to address their concerns. Filing with the NYS Division of Human Rights or the EEOC are the primary administrative options before pursuing litigation. Each option has different procedures, timelines, and potential outcomes to consider when deciding the best course of action for your case.

When a Limited Approach May Be Appropriate:

Initial Complaint Filing

In some cases, simply filing a complaint with the NYS Division of Human Rights or the EEOC can prompt an employer to address the issue internally. This limited approach may resolve the matter without the need for extensive legal intervention.

Mediation and Settlement

Many disputes can be resolved through mediation or settlement discussions. This approach saves time and resources by encouraging the parties to reach a mutually agreeable solution outside of court.

Reasons to Consider Comprehensive Legal Representation:

Complex Cases and Litigation

Cases that involve complex legal issues, multiple parties, or significant damages often require thorough legal representation. Comprehensive service includes preparing for potential court proceedings and advocating on your behalf throughout the process.

Protecting Your Rights and Interests

Having dedicated legal support helps ensure your rights are fully protected, deadlines are met, and all evidence is properly presented. This level of service can improve the likelihood of a successful outcome.

Benefits of a Comprehensive Approach to Employment Discrimination Claims

A comprehensive approach to handling your claim provides thorough guidance through every stage of the process. From initial filing to final resolution, you receive personalized support tailored to your unique circumstances.

This approach also allows for strategic planning, ensuring that all available remedies and legal options are considered. It can help mitigate risks and maximize potential benefits in your case.

Detailed Case Preparation

Comprehensive representation involves detailed preparation, including gathering evidence, interviewing witnesses, and reviewing relevant documents. This thorough process helps build a strong foundation for your claim.

Focused Advocacy and Negotiation

With dedicated legal support, you benefit from focused advocacy during settlement negotiations and any legal proceedings. This can increase the chances of achieving a favorable resolution.

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Tips for Navigating NYS Division of Human Rights and EEOC Claims

Document Everything

Keep detailed records of all workplace incidents related to discrimination, including dates, times, witnesses, and communications. This documentation is critical in supporting your claim and establishing a clear timeline of events.

Meet All Deadlines

Filing deadlines with the NYS Division of Human Rights and the EEOC are strict. Ensure that you submit your complaint within the required timeframes to avoid having your claim dismissed on procedural grounds.

Seek Guidance Early

Early consultation can help you understand your rights and the best steps to take. Prompt action increases the likelihood of a positive resolution and helps protect your interests throughout the process.

Reasons to Consider Assistance with Your Employment Discrimination Claim

Facing discrimination in the workplace can be overwhelming, and navigating the legal system alone may lead to missed opportunities for protection and compensation. Assistance with your claim ensures that your case is handled efficiently and that your rights are advocated for at every stage.

Legal support can help clarify complex procedures, gather necessary evidence, and communicate effectively with agencies and employers on your behalf. This guidance can make a significant difference in the outcome of your claim.

Common Situations That May Warrant Filing a Claim

Employment discrimination claims often arise from incidents such as wrongful termination, failure to provide reasonable accommodations, sexual harassment, or retaliation for reporting unlawful practices. Recognizing these circumstances is the first step toward seeking redress.

Wrongful Termination

If you were terminated under circumstances that suggest discrimination based on a protected characteristic, you may have grounds for a claim. This includes termination motivated by race, gender, age, or disability rather than legitimate business reasons.

Sexual Harassment

Experiencing unwelcome sexual advances, inappropriate conduct, or a hostile work environment can constitute sexual harassment. Filing a claim can help address such violations and promote safer workplaces.

Retaliation for Reporting Issues

If you faced negative treatment after reporting discrimination or participating in an investigation, you may have experienced retaliation, which is prohibited by law and subject to enforcement through claims.

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We Are Here to Support Your Employment Discrimination Claims

United Legal Fighters is committed to assisting individuals in Westbury and throughout New York who face workplace discrimination. We provide guidance and advocacy tailored to your unique situation, helping you navigate claims with the NYS Division of Human Rights and the EEOC.

Why Choose United Legal Fighters for Your Employment Discrimination Claim

Our firm has a strong dedication to civil rights and employment law, providing attentive support throughout the claims process. We emphasize clear communication and thorough preparation to protect your interests.

With experience handling a wide range of discrimination cases, we understand the challenges you face and work diligently to advocate on your behalf. Our approach is comprehensive and client-focused.

We strive to help you achieve the best possible outcome, whether through settlement, mediation, or litigation, ensuring your rights are upheld every step of the way.

Contact Us Today for Support with Your NYS Division of Human Rights and EEOC Claim

Our Approach to Handling Employment Discrimination Claims

From the initial consultation to resolution, we guide you through each step of the claims process. Our team assists with complaint preparation, evidence gathering, and communication with relevant agencies, ensuring your case is handled with care and attention.

Step One: Filing Your Complaint

The first step involves preparing and submitting a detailed complaint to the NYS Division of Human Rights or the EEOC. This document outlines the alleged discrimination and provides necessary information to initiate an investigation.

Gathering Evidence

Prior to filing, we assist in collecting all relevant documentation and witness statements that support your claim and help establish the facts of the case.

Drafting the Complaint

We carefully draft the complaint to clearly articulate the nature of the discrimination and ensure compliance with procedural requirements to avoid delays or dismissal.

Step Two: Investigation and Mediation

After filing, the agency conducts an investigation into the allegations. This may include interviews, document review, and site visits. Mediation is often offered as an option to resolve the dispute amicably.

Agency Investigation

The agency gathers evidence and evaluates both parties’ positions to determine if discrimination has occurred and whether further action is warranted.

Mediation Process

Mediation involves a neutral third party facilitating discussions between you and the employer to reach a potential settlement without proceeding to litigation.

Step Three: Resolution or Litigation

If mediation does not resolve the claim, the case may proceed to a hearing or court. We provide representation and advocacy to protect your rights and seek appropriate remedies.

Hearing Preparation

We prepare all necessary documentation and develop a strategy for presenting your case effectively at hearings or trial.

Post-Hearing Advocacy

Following hearings, we handle any appeals or further legal actions to ensure your claim is fully addressed and resolved.

Frequently Asked Questions About NYS Division of Human Rights and EEOC Claims

What types of discrimination can I file a claim for with the NYS Division of Human Rights?

Claims filed with the NYS Division of Human Rights cover discrimination based on protected characteristics such as race, color, national origin, sex, age, disability, religion, sexual orientation, and more. These laws protect employees from unfair treatment in hiring, firing, promotion, compensation, and other workplace practices. Understanding the scope of protected categories is essential when considering filing a claim. The agency evaluates complaints to determine if discrimination occurred and what actions are appropriate. If you believe your workplace rights have been violated based on any of these protected grounds, you should consider filing a claim promptly. The division works to enforce state laws that safeguard employees and promote fair treatment in all employment settings.

The time frame to file a claim varies depending on the agency and type of discrimination. Generally, with the NYS Division of Human Rights, you must file your complaint within one year from the date of the alleged discriminatory act. The EEOC typically requires claims to be filed within 180 days of the incident, although this deadline may be extended to 300 days if a state or local agency also enforces anti-discrimination laws. It is important to act quickly and consult with legal counsel to ensure you meet all filing deadlines. Missing the deadline can result in dismissal of your claim, so prompt action is critical to preserving your rights.

The NYS Division of Human Rights is a state agency responsible for enforcing New York’s Human Rights Law, which provides protections against discrimination within the state. The division investigates complaints, mediates disputes, and enforces remedies under state law. Its jurisdiction covers a wide range of employment discrimination issues within New York. The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces federal anti-discrimination laws such as Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. The EEOC handles complaints nationwide and can coordinate with state agencies. Both agencies often work in tandem to address discrimination claims.

Yes, you can file a claim while still employed. Many individuals choose to pursue claims without resigning or being terminated to address ongoing discrimination or retaliation. Filing a complaint initiates a formal process that can lead to investigations, mediation, or changes in workplace practices while you remain employed. It is important to handle this carefully and maintain documentation of any incidents. Legal representation can help protect your interests and ensure that your rights are respected during the claims process.

After you file a complaint with the NYS Division of Human Rights or the EEOC, the agency will review the information provided and begin an investigation. This may involve gathering documents, interviewing witnesses, and requesting additional information from both you and your employer. The goal is to determine whether there is sufficient evidence to support the claim. The agency may offer mediation as an option to resolve the dispute early. If mediation is unsuccessful or not pursued, the case may proceed to a hearing or litigation. Throughout this process, the agency will keep you informed and provide guidance on your next steps.

Mediation is typically a voluntary process offered during the claims procedure to help both parties reach a settlement without formal litigation. While not mandatory, it is often encouraged as a way to resolve disputes efficiently and amicably. Mediation sessions are conducted by a neutral third party who facilitates discussions. Choosing mediation can save time and resources, but you are not required to settle if the terms are not acceptable. You may elect to proceed with a hearing or other legal actions if mediation does not resolve your claim satisfactorily.

If your claim is successful, remedies may include monetary compensation for lost wages, emotional distress, or punitive damages. Additionally, the agency can require the employer to implement policy changes, provide training, or reinstate employment in certain cases. These remedies aim to rectify the harm caused by discrimination and prevent future violations. The exact remedies depend on the specifics of your case and the findings of the investigation or hearing. Legal guidance can help you understand what outcomes to expect and how to pursue appropriate relief.

Yes, you may include multiple types of discrimination in a single complaint if they relate to your employment experience. For example, you might allege both race and gender discrimination within the same claim. Including all relevant issues ensures that the agency considers the full scope of your situation. It is important to clearly articulate each type of discrimination and provide supporting evidence. This comprehensive approach can strengthen your case and provide a clearer picture of the unlawful treatment you have faced.

Proving discrimination involves demonstrating that adverse actions were taken against you because of your protected characteristic rather than legitimate business reasons. Evidence may include documentation of discriminatory statements, patterns of unequal treatment, witness testimony, or statistical data showing disparities. While direct proof can be challenging, agencies consider a combination of circumstantial evidence and inconsistencies in employer explanations. Maintaining detailed records and seeking legal guidance can improve your ability to present a compelling case.

If you experience retaliation after filing a discrimination claim, such as demotion, harassment, or termination, you should document these actions immediately. Retaliation is illegal, and you have the right to report it to the agency handling your claim or through a separate complaint. It is important to notify your legal representative or the agency promptly to ensure your rights are protected. Taking swift action helps prevent further harm and can strengthen your overall case.

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