Please be aware that by filing a claim with the New York State Division of Human Rights, you may be waiving your rights to go forward with an action based in violation of the New York State Human Rights law. If the New York State Division of Human Rights comes to a determination based on your claim, than in essence you have taken what is called an election of remedies and cannot proceed with an action in state court. The best thing you can do is to immediately contact an employment attorney in your area as soon as possible.
The information provided does not constitute legal advice and is presented without any representation or warranty whatsoever, including as to the accuracy or completeness of the information. Always contact an attorney when seeking legal advice. www.risman-law.com / www.TrueFightLaw.com
Consult an employment lawyer.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Based on Mr. Risman's comments re election of remedies and yours that the agency believes you have a case, suggest that you ask agency to hold off on processing the matter until you can contact an atttorney and decide the proper course of conduct for yourself. Call on Monday morning.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Depending on how large your employer is, and depending on whether you’ve been suffering what the law calls “a continuing violation” of your rights, you may be best off filing a charge at the EEOC, and later bringing an action in federal court. The State Human Rights Law doesn’t provide for attorneys’ fees and punitive damages, at this time. Title VII (a federal law), does. An experienced employment lawyer can assist you in ensuring that your case is filed in the best possible forum, and will help you put forward the evidence in support of your allegations, with the goal of putting an end to what you’ve been enduring in the workplace. Please schedule a consultation with an experienced employment lawyer, ASAP.
-Denise K. Bonnaig