Division of Human Rights

We help you file complaints with the New York State Division of Human Rights and represent you throughout the state discrimination process, protecting your rights under New York law.

Understanding the New York State Division of Human Rights (DHR)

The New York State Division of Human Rights (DHR) is the state agency responsible for enforcing the New York State Human Rights Law, which provides some of the strongest workplace discrimination protections in the country. If you’ve experienced discrimination, harassment, or retaliation at work, the DHR may offer a path to justice, even if you are not eligible to file a federal EEOC charge.

New York law protects employees from discrimination based on characteristics such as race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, marital status, military status, domestic violence victim status, and other protected categories recognized under state law.

WHO CAN FILE A DHR COMPLAINT?

Unlike many federal employment laws, New York’s Human Rights Law applies to virtually all employers, regardless of the number of employees. Employees at small businesses often have protections under state law even when federal laws don’t apply, and that’s where the Division of Human Rights comes in.

You work for a small business, no matter how few employees it has;

Your employer doesn’t meet the EEOC’s federal employee minimum;

Federal law doesn’t cover your workplace, but state law still might;

You work anywhere in New York State, in a business of any size;

You believe you’ve experienced discrimination or unfair treatment at work;

In many cases, your complaint can be cross-field with both agencies by preserving your claim under both federal and state law. The best strategy depends on the facts of your case, your employer, and the remedies available.

Division of human rights vs. eeoc

Althought both agencies investigate workplace discrimination, they serve different roles. Heres what you need to know before filling your complaint:

EEOC

DHR

Many federal laws only apply to employers with a minimum number of employees;

Coverage may be limited depending on the size of your employer’s workforce;

Enforces federal anti-discrimination laws;

Generally provides broader coverage under the state law;

Enforces the New York State Human Rights Law;

Protect employees working for business of all sizes;

Our Process

The DHR COMPLAINT PROCESS

The Division of Human Rights Investigates complaints through evidence, witness interviews, and document review, a process with strict deadlines and strategic decisions that can significantly affect the outcome of your claim.

File Your Complaint

Your complaint is prepared and filled within strict procedural deadlines that protect your right to relief

The Investigation Begins

The DHR gathers evidence, interviews witnesses, and reviews documents related to your claim.

Probable Cause Is Determined

The Division decides whether there is probable cause to believe unlawful discrimination occurred.

Your Case Is Resolved

Depending on the circumstances, resolution may come trough settlement, dismissal, or a hearing before an Administrative Law Judge.

Why representation matters

Choosing the right forum and presenting your case effectively from the beginning can make a substantial difference. We evaluate whether your claim is best pursued through the Division of Human Rights, the EEOC, or both. We prepare comprehensive complaints, communicate with investigators, respond to requests for information, negotiate settlements when appropriate, and advocate for you throughout the administrative process.

Our goal is to protect your rights under New York law while positioning your case for the strongest possible outcome.

Don’t face workplace discrimination alone. Let us help you navigate the Division of Human Rights process with confidence.
Calls us now to get started.

Confidential. Multilingual available. No fee unless we win your case.

FAQ

Frequently Asked Questions

What is the difference between the Division of Human Rights and the EEOC?

The Division of Human Rights enforces New York State law, while the Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws. One of the biggest differences is employer coverage. Many federal laws enforced by the EEOC only apply to employers with a minimum number of employees, while New York's Human Rights Law generally protects employees working for businesses of any size. Depending on your situation, your claim may be filed with the DHR, the EEOC, or both.

Can I file with both the Division of Human Rights and the EEOC?

Yes. In many employment discrimination cases, complaints can be cross-filed with both agencies. This helps preserve your rights under both New York State and federal law. The appropriate filing strategy depends on your employer, the type of discrimination involved, and the remedies you are seeking.

Can I file a complaint if I work for a small business?

Yes. One of the biggest advantages of New York law is that it generally protects employees regardless of the employer's size. Even if your employer does not meet the EEOC's federal employee thresholds, you may still have a valid claim through the Division of Human Rights.

Can I sue my employer after filing with the Division of Human Rights?

The answer depends on the circumstances of your case and where your complaint is filed. Certain legal options may be affected once a complaint is filed with the Division. An experienced employment attorney can help determine the best strategy before you proceed.

What evidence should I gather before filing a complaint?

Helpful evidence may include: Emails and text messages, Performance reviews, Witness information, Written complaints to HR, Employment policies, Pay records, Medical documentation (when applicable), Notes documenting discriminatory incidents. The more documentation available, the stronger your case may be.

For general information only; not legal advice. This does not create an attorney-client relationship. Schedule a consultation for guidance on your situation.

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