A Complaint Alleging Violation of the Human Rights Law May Be Filed with the Division of Human Rights or NYS Supreme Court

Sexual harassment and all crimes of that type are found in the Human Rights Laws of New York State. Many people are unfamiliar with these laws because they do not understand how the law can protect a person’s right to a fulfilling life. Once you understand what these laws are for and how you can file an alleged violation, then you empower yourself to use the law to possibly prevent people from discriminating against you.

What Are Human Rights Laws?

Human rights laws are designed to protect people in areas of employment, finance, business, and finding a home from many forms of discrimination. Some of those forms of discrimination include:

  • Race
  • Marital status
  • Sexual orientation
  • Gender
  • Disability
  • Age
  • Nation of origin

Within the human rights laws is wording that makes acts associated with sexual harassment and sexual assault subject to civil suit and civil penalties.

Division Of Human Rights

The New York State Executive Department, division of Human Rights, is an agency that was developed specifically to handle human rights laws violations in New York State. If you have a complaint of sexual harassment or sexual assault, you can choose to file a complaint with the Division of Human Rights, bearing in mind that if you file such a complain, you are waving your right to sue the case in Supreme Court.

What Happens When I File A Complaint?

Once the Division of Human Rights gets your complaint, it will initiate an investigation. By law, the Division of Human Rights has up to 180 days to complete its investigation and let each side know the results. Sometimes an investigation may take longer than 180 days, in which case the Division of Human Rights will inform both parties as to when they can expect a resolution.

Appealing A Decision

The Division of Human Rights can render a decision that finds in favor of one party or the other, finds no fault, or determines that the incident in question does not fall under human rights laws. If the person filing the complaint is not happy with the results of the investigation, then they have 60 days to file an appeal.

Our firm primarily only handles cases that are sued in Supreme Court as opposed to following the administrative process in the New York State Division of Human Rights. Contact our compassionate sexual harassment lawyers to discuss your case today.


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