Maybe you suspect your boss is passing you over for raises, or you feel penalized for speaking out about unfair conditions. Perhaps you believe you were denied a job due to stereotypes about your background. Situations like these are not just frustrating—they can feel isolating and difficult to prove. The question is: when does this behavior cross the line into a discrimination claim? Michelle Cimino, a labor attorney in Rochester, helps employees take action when their workplace rights are violated. Understanding how the law protects you is the first step.
Learn how the Equal Employment Opportunity Commission (EEOC) and the NY Division of Human Rights protect employees, and what to expect if you decide to file a complaint.
Understanding EEOC and NY State Division of Human Rights Protections
At the state and federal levels, employees are protected by anti-discrimination laws.
The Equal Employment Opportunity Commission (EEOC) is a federal agency designed to protect workers like you against discrimination in the workplace. It enforces a series of federal laws, such as Title VII of the Civil Rights Act of 1964, protects employees from being treated differently based on race, color, religion, sex, or national origin.
Another law, the Americans with Disabilities Act (ADA), protects those with disabilities from discrimination. It requires employers to provide reasonable accommodations unless doing so would create undue hardship.
Employees are also protected from discrimination on the basis of age. The Age Discrimination in Employment Act (ADEA) protects workers aged 40+ from age-based discrimination.
When an employer fails to uphold your rights under these laws, the EEOC seeks to compensate victims through back pay, reinstatement, or policy changes.
The New York State Division of Human Rights (NYDHR) enforces the New York State Human Rights Law, which expands these protections. Unlike federal law, which applies to employers with 15 or more employees, New York law applies to all employers, regardless of size. It also creates longer windows to file and seek damages.
Take Action After Discrimination With a Labor Attorney in Rochester
If you believe you’ve experienced discrimination, take action!
The first step is to document everything you can regarding your experience of discrimination. This includes emails, performance records, HR complaints, employment papers, and pay. You should also log dates, times, witnesses, and quotes to establish a clear timeline. Working with a labor attorney will help you gather the correct evidence.
Next, file your claim within the right deadline. In New York, you have three years to file your claim with the NYDHR, as long as the instance of discrimination took place after Feb 15, 2024. For earlier incidents, the deadline is one year. A labor attorney can help you understand the deadlines to file a claim.
Process Details
You’ll start by submitting an online inquiry or phone intake with the New York State Division of Human Rights (NYDHR) to assess your case. This triggers an intake interview with NYDHR, and if your claim also falls under federal law, NYDHR will automatically cross-file it with the EEOC. However, you may need a separate EEOC interview.
Once filed with EEOC, your employer receives a notice of charge. After their response, EEOC offers a 30-day conciliation period to resolve the issue informally.
Both agencies then investigate independently but share information, with processes typically taking 10-12 months or longer. NYDHR may offer early voluntary mediation.
In terms of outcomes, NYDHR may settle early, find enough evidence for a public hearing, or dismiss (letting you sue in state court within 60 days). EEOC may resolve via conciliation, find reasonable cause (possibly referring to DOJ), determine no cause, settle separately, or issue a Right to Sue letter for court.
Need a Labor Attorney in Rochester? Choose Michelle Cimino
Do you want to file a discrimination claim? The process involves many steps, and enlisting the help of an experienced lawyer makes the process much simpler.
For trusted legal support, choose Michelle Cimino, a labor attorney in Rochester. She has over 20 years of experience fighting workplace discrimination. In her career, she has handled wrongful termination, discrimination, and retaliation cases to help clients secure fair compensation. When you meet with her for a confidential consultation, she will evaluate your situation and recommend the best course of action to address the workplace discrimination you’ve experienced.
Book a Confidential Consultation Today
When something feels unfair at work, it’s easy to question yourself. But federal and New York laws exist to protect employees from discrimination, and there are clear steps you can take to enforce those rights. If you suspect your employer has crossed the line, now is the time to act. While the process can be complex, experienced legal guidance can make it far more manageable.
Schedule a confidential consultation with Michelle Cimino, a labor attorney in Rochester, and take the next step toward protecting your career, your reputation, and your future.
