Legal Protections and External Remedies
Sexual harassment is not only prohibited by the agency, but is also prohibited by state, federal, and local law. Aside from the internal process at the agency that is noted in this policy, employees may also choose to pursue legal remedies with the following governmental entities at any time:
New York State Division of Human Rights (DHR)
The Human Rights Law (HRL) applies to employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns and non-employees regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with DHR or in New York State Supreme Court.
Complaints with DHR may be filed within the period permitted by applicable law. Employees should consult current guidance from the New York State Division of Human Rights regarding filing deadlines and available remedies. Filing an internal complaint does not extend the time to file with DHR or in court. Employees do not need an attorney to file a complaint with DHR, and there is no filing fee. DHR investigates complaints and determines whether there is probable cause to believe that discrimination occurred.
Cases in which DHR finds probable cause may proceed to a public hearing before an administrative law judge. If discrimination is found, DHR may order relief authorized by law, including measures to stop the discrimination, monetary damages, attorney's fees, and civil fines.
DHR’s contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458, (718) 741-8400, www.dhr.ny.gov. Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State.
United States Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act. An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court. The EEOC does not hold hearings or award relief but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred.
If an employee believes that they have experienced discrimination at work, they may file a Charge of Discrimination with the EEOC. The EEOC has district, area, and field offices where complaints may be filed. Contact the EEOC by calling 1-800-669-4000 or 1-800-669-6820 (TTY), visiting www.eeoc.gov, or emailing info@eeoc.gov. If an individual files an administrative complaint with DHR, DHR may also file the complaint with the EEOC to preserve federal rights.
Local Protections
Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New