Can i say i want a executive law 267, or an 8-107 instead of filing a title 7 claim for sexual harassment and discrimination

Asked over 1 year ago - Lynbrook, NY

in federal court?this is a civil lawsuit

Additional information

i want to go to federal court without filing an eeoc,or anything, how do i do this?
also, i meant executive law 296

Attorney answers (4)

  1. John Michael Singleton

    Pro

    Contributor Level 7

    2

    Lawyers agree

    Answered . I am not quite sure to what executive order or law 267 is as the only such orders bear no relations to a case for sexual harassment. On the other hand §8-107 is part of the New York Human Relations Act and is nearly identical to Title VII in its application and scope. There are many states and even counties and cities that may have such agencies that have work sharing agreements with the EEOC to investigate claims alleging discrimination under both laws. The major impact is that EEOC normally has 180 day period following the alleged discriminatory act in which the charge must be filed to be timely. Title VII provides that where there is such a state law or agency that will also investigate charges of discrimination, it lengthens the limitations period allowing charges to be filed within 300 days of the last discriminatory act. There may be minor differences in the manner of enforcement of the laws, the charging party still may receive a "Right to Sue" letter under with law that allows the filing of a lawsuit alleging discrimination under Title VII if the plaintiff was not happy with the result of the investigation under the §8-107 claim or the similar Title VII claim. These questions are best answered by a lawyer who had been given far more information about your claim and thus you should seek legal advice should you wish to proceed.

  2. Vincent Peter White

    Contributor Level 18

    Answered . Your attorney can file the EEOC Charge and at the same time submit a request for the right to sue letter. This should put you into Federal Court within 30 to 60 days, which is a reasonable time line for this area of law.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more
  3. Debra Vera Jennings

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Consult with a New York sexual harassment lawyer. I agree with Mr. Singleton.

  4. Kevin Rindler Madison

    Pro

    Contributor Level 18

    Answered . I suggest that you contact a locale attorney to discuss the facts of your particular situation and what possible legal causes of action you might have.

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think... more

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