How to File an NYSDHR Complaint in New York

Filing a discrimination complaint in New York isn’t as simple as submitting a form and waiting. Understanding which agency to file with, what deadlines apply, and how the process actually unfolds can determine whether your claim succeeds or gets dismissed on a technicality. Here’s what the New York discrimination complaint process actually looks like — step by step.

What Is the New York State Division of Human Rights (NYSDHR)?

The New York State Division of Human Rights (NYSDHR) is the state agency responsible for enforcing the New York State Human Rights Law (NYSHRL) — the primary state statute prohibiting discrimination and harassment in employment, housing, and public accommodations. The NYSHRL (Executive Law § 290 et seq.) covers employers with four or more employees and prohibits discrimination based on race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, marital status, and other protected characteristics.

The NYSDHR investigates complaints, holds hearings, and can order remedies including back pay, reinstatement, compensatory damages, and civil penalties against employers found to have violated the law.

What Claims Can You File with the NYSDHR?

The NYSDHR accepts complaints alleging unlawful discrimination or harassment in employment based on any protected characteristic under the NYSHRL. You can file a complaint if you experienced adverse actions — such as termination, demotion, denial of promotion, or hostile work environment — connected to a protected characteristic.

The NYSDHR also accepts retaliation complaints. A retaliation complaint is a claim that an employer punished you — through termination, demotion, schedule changes, or other adverse action — because you opposed discrimination, filed a complaint, or participated in an investigation. New York’s retaliation protections under the NYSHRL are broad, and retaliation is independently unlawful even if the underlying discrimination claim is not proven.

The agency handles complaints involving:

Race, color, and national origin discrimination under the NYSHRL
Sex and gender discrimination, including pregnancy discrimination
Age discrimination (the NYSHRL covers workers of any age, broader than the federal ADEA, which applies only to workers 40 and older)
Disability discrimination and failure to provide reasonable accommodations
Sexual orientation and gender identity discrimination
Religious discrimination
Retaliation for engaging in protected activity

For a comprehensive look at how New York’s state law compares to federal protections, see our guide to New York discrimination laws.

NYSDHR vs. EEOC: Which Agency Should You File With in New York?

In New York, workers can file discrimination complaints with either the NYSDHR or the federal Equal Employment Opportunity Commission (EEOC) — or both. The two agencies have a work-sharing agreement, meaning a complaint filed with one is automatically cross-filed with the other unless you opt out.

Here’s how they differ in practice:

Factor	NYSDHR	EEOC
Governing law	New York State Human Rights Law (NYSHRL)	Title VII, ADA, ADEA, federal law
Employer size threshold	4+ employees	15+ employees (Title VII/ADA); 20+ (ADEA)
Filing deadline	3 years (employment claims, post-2019 amendments)	300 days (in New York, a “deferral state”)
Age coverage	All ages	40 and older only
Remedies	Back pay, reinstatement, compensatory damages, civil penalties	Back pay, reinstatement, compensatory damages, punitive damages in federal court

One important strategic consideration: when you file with the NYSDHR, the agency investigates and may schedule a public hearing before an Administrative Law Judge. When you file with the EEOC and receive a Right to Sue letter, you can proceed directly to federal court. Your attorney can help you evaluate which path gives you the strongest shot at the remedies you’re seeking.

For a detailed comparison of the federal process, see our EEOC complaint process guide.

Filing Deadlines: How Long Do You Have to File Under the NYSHRL?

Under the NYSHRL as amended in 2019, employees have three years from the date of the discriminatory act to file a complaint with the NYSDHR for employment-related claims. This is significantly longer than the EEOC’s 300-day deadline that applies in New York as a “deferral state.”

The three-year window was a major expansion from the prior one-year deadline and reflects the New York Legislature’s intent to give workers meaningful time to come forward. However, the clock begins running when the discriminatory act occurs — not when you first realize it was illegal — so do not delay unnecessarily.

Key deadlines at a glance:

NYSDHR employment complaints: 3 years from the discriminatory act (NYSHRL, post-2019)
EEOC complaints in New York: 300 days from the discriminatory act
NYC Commission on Human Rights: 3 years from the discriminatory act
Federal court under Title VII: Must exhaust EEOC process first; 90 days to sue after receiving a Right to Sue notice

Statutes of limitations can bar your claim entirely if you delay — speak with an attorney as soon as possible after the discriminatory conduct occurs.

Step-by-Step: How to File an NYSDHR Complaint

Filing an NYSDHR complaint involves several specific steps. Here is how the new york discrimination complaint process works in practice:

Step 1: Gather Your Documentation

Before you file, collect everything relevant to your claim. This includes:

Employment records (offer letters, performance reviews, pay stubs, disciplinary notices)
Any written communications (emails, texts, memos) referencing the discriminatory conduct
Names, contact information, and roles of witnesses
Your own contemporaneous notes documenting dates, times, and what was said or done
Documentation of the adverse action (termination letter, demotion notice, etc.)

Strong documentation is the backbone of any discrimination claim. The more specific and contemporaneous your records, the stronger your complaint.

Step 2: Complete the NYSDHR Complaint Form

The NYSDHR provides an online complaint intake system at dhr.ny.gov. You can also file in person at a regional NYSDHR office or by mail. The complaint form requires you to:

Identify yourself and the respondent (your employer)
Describe the discriminatory acts with specific dates and details
Identify the protected characteristic(s) you believe motivated the conduct
State what adverse action you suffered as a result

Be specific. Vague complaints that lack dates, named individuals, and clear connections between the protected characteristic and the adverse action are harder to investigate and easier for employers to contest.

Step 3: NYSDHR Reviews for Completeness

After you submit your complaint, the NYSDHR reviews it for administrative completeness. The agency will contact you if additional information is needed. Once accepted, the complaint is formally filed and the employer (respondent) is notified and given an opportunity to respond.

Step 4: Choose Your Track — Election of Remedies

When you file with the NYSDHR, you are making an election of remedies — a legal choice between pursuing your claim through the agency’s administrative process or through the courts. Under the NYSHRL, once you file with the NYSDHR and the complaint is accepted, you generally cannot also pursue the same claim in state court. This election is an important strategic decision, and consulting an attorney before filing is advisable.

Step 5: Investigation

The NYSDHR investigates your complaint. An investigator may request documents from both parties, interview witnesses, and conduct site visits. The employer has the opportunity to submit a position statement and evidence in its defense.

Step 6: Probable Cause Determination

After investigation, the NYSDHR issues a determination of probable cause or no probable cause. If the agency finds no probable cause, your complaint is dismissed (though you may still have options, including filing with the EEOC or pursuing other claims). If probable cause is found, the case moves to either a conciliation process or a public hearing.

Step 7: Conciliation or Public Hearing

If probable cause is found, the NYSDHR first attempts to conciliate (settle) the case between the parties. If conciliation fails, the case proceeds to a public hearing before an Administrative Law Judge, who issues a recommended order. The Commissioner of Human Rights issues the final order, which can include back pay, compensatory damages, civil penalties, and other relief.

What Happens After You File: Investigation and Hearing Process

After a complaint is filed, the NYSDHR typically sends a copy to the employer and requests a written response. Both sides may be asked to participate in an intake conference at the beginning of the process where investigators assess the scope of the dispute and explore early resolution.

The investigation phase can take time. The NYSDHR investigator assigned to your case serves as a neutral fact-finder — they are not your advocate. Their job is to gather evidence from both sides and determine whether there is sufficient basis for a finding of probable cause. This is why having your own documentation in order before you file matters so much.

If the case goes to a public hearing, it functions similarly to a trial: witnesses testify, evidence is presented, and both parties (or their attorneys) can examine and cross-examine witnesses. Administrative Law Judges appointed by the NYSDHR preside over the hearing and issue recommended findings. The Commissioner of Human Rights issues the binding final order.

Remedies available after a finding of discrimination include:

Back pay for lost wages
Compensatory damages for emotional distress and other harm
Reinstatement to the position you lost
Civil penalties payable to the state
Injunctive relief requiring the employer to change policies or practices

NYC Workers: The New York City Commission on Human Rights (CCHR)

New York City workers have an additional option: the New York City Commission on Human Rights (CCHR), which enforces the New York City Human Rights Law (NYCHRL). The NYCHRL is widely considered one of the strongest anti-discrimination laws in the country, offering broader protections than both the NYSHRL and federal law.

Under the NYCHRL:

Employers with four or more employees are covered
The standard for proving discrimination is more employee-friendly than federal law — conduct need only be more than “petty slights and trivial inconveniences” to constitute discrimination
Workers can recover compensatory damages, punitive damages, and attorney’s fees
The filing deadline with the CCHR is three years from the discriminatory act
Workers can also file a complaint with the CCHR and the NYSDHR simultaneously, subject to election of remedies rules

If you work in New York City, the NYCHRL’s broader protections are worth discussing with an employment attorney before deciding where to file.

When to Consult an Employment Attorney Before Filing

Consulting an employment attorney before filing an NYSDHR complaint is not legally required — but it is often the most important step you can take. Here’s why it matters:

Election of remedies is binding. Filing with the NYSDHR can foreclose your ability to sue in state court for the same claim. An attorney can evaluate whether the administrative route or a court filing gives you better prospects based on the specific facts of your case.

The NYSDHR process is adversarial. While the agency investigates, the employer will have its own attorneys preparing a defense. You should understand your rights and the strength of your evidence before the process starts.

Retaliation risk is real. Many workers who file discrimination complaints face subsequent retaliation from their employer. An attorney can help you document and respond to retaliation, which is independently actionable under the NYSHRL.

Time limits cannot be extended. If you miss the filing deadline, your claim may be permanently barred. An attorney can help you identify all applicable deadlines and ensure you file in time.

If you’ve experienced discrimination, harassment, or retaliation at work in New York, you can start with a free case evaluation to understand your options before you file.

Frequently Asked Questions: NYSDHR Complaint Process

How long does an NYSDHR investigation take? NYSDHR investigations vary in length depending on case complexity, the responsiveness of both parties, and the agency’s caseload. There is no fixed statutory timeline for completing an investigation. Workers should be prepared for the process to take a substantial amount of time from filing through resolution.

Can I file with both the NYSDHR and the EEOC? Yes. The two agencies have a work-sharing agreement, and a complaint filed with one is typically cross-filed with the other automatically unless you opt out. However, if your complaint is accepted by the NYSDHR, you are making an election of remedies that generally bars you from later pursuing the same NYSHRL claim in state court.

What is the filing deadline for an NYSDHR employment complaint? Under the NYSHRL as amended in 2019, you have three years from the date of the discriminatory act to file an employment-related complaint with the NYSDHR. The EEOC’s deadline is shorter — 300 days in New York — so if you intend to preserve both options, file before the EEOC deadline passes.

Do I need a lawyer to file an NYSDHR complaint? You are not required to have an attorney to file an NYSDHR complaint. However, consulting one before you file is strongly advisable because the election of remedies decision is binding, the investigation is adversarial, and the strength of your claim depends significantly on how you present the facts.

What remedies can the NYSDHR order if discrimination is found? If the NYSDHR finds that discrimination occurred, available remedies include back pay, compensatory damages for emotional distress and other harm, reinstatement, civil penalties payable to the state, and injunctive relief requiring the employer to change discriminatory practices.

Taking the Next Step

The New York discrimination complaint process gives workers meaningful tools to hold employers accountable — but navigating it effectively requires understanding which agency to file with, what deadlines apply, and how the election of remedies affects your options. The NYSHRL’s three-year filing deadline is more generous than the federal EEOC deadline, but missing either one can permanently end your ability to pursue your claim.

If you believe you’ve experienced discrimination, harassment, or retaliation at work in New York, don’t try to navigate this process alone. The employer will have legal representation — you should too. Contact us for a free case evaluation to discuss your situation confidentially, with no obligation. Our attorneys represent New York workers on a contingency basis — no fee unless we win.

Attorney advertising. Past results do not guarantee future outcomes. Statutes of limitations can bar your claim if you delay.