Discrimination is illegal in New York. Here’s how the law protects you—and how you can take action.
We help people who’ve faced discrimination fight back and hold wrongdoers accountable. If you’ve been discriminated against at work, in housing, or while accessing services, this guide will explain your rights under New York law—and what you can do about it. If you’re unsure about your situation, contact us for a free consultation.
What Counts as Discrimination in New York?
Discrimination occurs when someone is treated unfairly based on a personal characteristic that is protected by law. New York State and New York City have some of the strongest civil rights protections in the country. These laws cover employment, housing, public accommodations, education, and more.
Protected characteristics under New York State Human Rights Law include:
- Race
- Color
- National origin
- Sex and gender (including pregnancy and childbirth)
- Sexual orientation
- Gender identity or expression
- Disability
- Age
- Religion
- Marital status
- Familial status
- Military status
- Domestic violence victim status
- Criminal history (in employment and housing contexts)
In New York City, the protections go even further. The NYC Human Rights Law adds additional protected categories, such as:
- Citizenship and immigration status
- Caregiver status
- Status as a victim of stalking or sex offenses
- Height and weight (as of 2023)
- Unemployment status (in hiring decisions)
If you’ve experienced unfair treatment based on any of these categories, you may have a legal claim. Reach out to us and we’ll help you evaluate your case.
Where Discrimination Is Prohibited
Discrimination is illegal in a wide range of settings:
Employment: You cannot be denied a job, fired, demoted, or harassed because of your protected status. Your employer also must provide reasonable accommodations for disabilities and religious practices.
Housing: Landlords and property managers may not refuse to rent or sell based on protected characteristics. This includes discriminatory advertising, refusal to make reasonable accommodations for disabilities, or harassment by neighbors that the landlord ignores.
Public Accommodations: Businesses and services open to the public (such as restaurants, stores, and hospitals) cannot deny you service, treat you worse, or harass you based on your protected status.
Education: Discrimination in schools, including bullying based on protected traits, is also covered by these laws.
Law Enforcement and Government Services: You have the right to be free from discrimination when interacting with police, government agencies, and public programs.
How to File a Discrimination Complaint in New York
There are several ways to take legal action. Choosing the right one depends on your situation. We can help you choose the best path.
1. New York State Division of Human Rights (DHR)
The DHR investigates complaints under the New York State Human Rights Law. You must file your complaint within one year of the discriminatory act (or three years if you are only seeking monetary damages).
Process:
- File a verified complaint online or by mail.
- The DHR investigates, may attempt mediation, and can hold a hearing.
- If they find probable cause, an administrative hearing may lead to damages or other remedies.
2. New York City Commission on Human Rights (CCHR)
If the discrimination occurred in NYC, you can file with the CCHR under the NYC Human Rights Law. NYC law is often broader and more favorable to complainants.
Process:
- File online or in person within one year of the discriminatory act (or three years if only seeking damages).
- CCHR will investigate, and if warranted, conduct a hearing.
- Remedies may include back pay, emotional distress damages, policy changes, and civil penalties.
3. Federal Equal Employment Opportunity Commission (EEOC)
You can also file with the EEOC for federal workplace discrimination claims. If your claim is also covered under state or city law, the agencies often share information and coordinate investigations.
Process:
- File within 300 days of the incident.
- EEOC may investigate, mediate, or issue a “Right to Sue” letter.
- You can then file a lawsuit in federal court.
We recommend speaking with a lawyer before filing with any agency. Each process has pros and cons—and mistakes early on can harm your case. Call us and we’ll walk you through your options.
When Can You File a Lawsuit?
In some cases, you can skip the administrative complaint process and file directly in court. For example:
- Under New York State Human Rights Law, you may file directly in court without first going to the DHR.
- Under NYC Human Rights Law, you can also sue in state court or federal court.
- Lawsuits must typically be filed within three years of the discriminatory act.
Lawsuits can result in more robust remedies, including larger emotional distress damages, punitive damages, and attorneys’ fees.
If you’re considering a lawsuit, don’t wait. Evidence can disappear and deadlines can pass quickly. Reach out to us today so we can preserve your rights and build your case.
Remedies Available to Victims
If your claim is successful, you may be entitled to:
- Back pay or lost wages
- Reinstatement to your job or housing
- Compensatory damages (for emotional harm)
- Punitive damages (in some cases)
- Policy changes or training requirements for the wrongdoer
- Attorneys’ fees and costs
At Justice Legal Counsel, we fight for the full compensation you deserve—and we don’t stop until we’ve explored every possible remedy.
Why Choose Justice Legal Counsel?
We know how discrimination affects every part of your life—your job, your health, your peace of mind. We combine deep knowledge of New York and NYC discrimination laws with a personal, strategic approach to every case.
We don’t take every case. But when we do, we fight to win.
If you believe you’ve been discriminated against, don’t wait. Contact Justice Legal Counsel today for a free consultation. We’ll listen to your story, explain your rights, and help you decide what to do next.
Your rights matter. Let’s enforce them—together.