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How to File a Discrimination Complaint with NYSDHR: Step-by-Step Guide

Filing a discrimination complaint with the New York State Division of Human Rights (NYSDHR) is the first step toward holding your employer accountable and recovering damages for workplace discrimination. The process is designed to be accessible without an attorney, though legal representation often strengthens your case.

You have three years from the discriminatory act to file with NYSDHR. You can file online, by mail, or in person at regional offices. The Division investigates your complaint, attempts resolution through mediation, and can hold hearings or issue findings. Most cases settle, but if yours proceeds to hearing, you can recover unlimited damages for proven discrimination.

Why File with NYSDHR?

The New York State Division of Human Rights is the agency that enforces New York State Human Rights Law (NYSHRL). Filing with NYSDHR offers several advantages:

No upfront cost: Filing is free. You don’t pay unless you recover damages (if you hire an attorney on contingency).

Investigation assistance: NYSDHR investigates your claim, requests documents from your employer, and gathers evidence.

Mediation opportunities: Many cases settle through NYSDHR mediation, saving time and litigation costs.

Hearing process: If mediation fails, you can request a hearing before an administrative law judge.

Enforcement power: NYSDHR can issue findings requiring employers to pay damages, reinstate employees, or change policies.

Attorney’s fees: If you win, your employer typically must pay your attorney’s fees and costs.

Three-year deadline: Much longer than the 300-day federal EEOC deadline.

Who Can File with NYSDHR?

You can file if you experienced discrimination by a New York employer based on protected characteristics under NYSHRL.

Requirements

Employment relationship: You must be (or have been) an employee, job applicant, or independent contractor experiencing discrimination.

New York employer: The employer must operate in New York State.

Covered employer size: 4 or more employees for most discrimination claims.

Protected characteristic: Discrimination must be based on race, color, national origin, sex, gender identity, sexual orientation, disability, age (18+), religion, marital status, military status, domestic violence victim status, criminal history, genetic predisposition, or other NYSHRL-protected class.

Within deadline: You must file within 3 years of the discriminatory act (some exceptions apply for continuing violations).

Who Cannot File with NYSDHR

  • Federal employees (different process through federal EEO office)
  • Employees of employers with fewer than 4 employees (for most claims)
  • Claims outside the 3-year deadline without tolling exceptions
  • Claims already finally adjudicated in court or by another agency

Timeline: The 3-Year Deadline

You have three years from the date of the discriminatory act to file your NYSDHR complaint.

Calculating Your Deadline

Single incident: Three years from when the discrimination occurred (e.g., termination, denied promotion, discriminatory denial of accommodation).

Continuing violation: For ongoing discrimination (like persistent harassment or repeated unequal pay), the deadline runs from the last discriminatory act.

Discovery rule: In some cases, the deadline runs from when you discovered or reasonably should have discovered the discrimination, not when it occurred.

Important Deadline Notes

Don’t wait: While you have three years, file as soon as possible while evidence is fresh and witnesses are available.

Dual-filing: If you also want to pursue federal claims, remember the EEOC deadline is only 300 days. File with both agencies if you’re within federal deadline.

Tolling exceptions: The deadline may be extended (“tolled”) in some circumstances, such as during internal complaint processes in some contexts. Consult an attorney if you’re approaching the deadline.

Each incident has its own deadline: If you experienced multiple discriminatory acts, each has a separate 3-year deadline. Don’t assume old incidents are automatically included if you file about recent ones.

How to File: Three Options

You can file your NYSDHR complaint online, by mail, or in person.

Option 1: File Online (Recommended)

Advantages: Fastest method, immediate confirmation, can save and return to incomplete complaints, automatic date-stamping.

Process:

  1. Visit the NYSDHR online complaint portal: https://dhr.ny.gov/complaint
  2. Create an account or log in
  3. Complete the online complaint form
  4. Upload supporting documents
  5. Submit electronically
  6. Receive confirmation email

What you’ll need:

  • Your contact information
  • Employer’s name, address, and contact information
  • Dates of discriminatory acts
  • Description of what happened
  • Protected characteristic(s) involved
  • Supporting documents (optional but helpful)

Option 2: File by Mail

When to use: If you prefer paper filing or lack internet access.

Process:

  1. Download the complaint form: https://dhr.ny.gov/system/files/documents/2020/12/complaint-form-fillable.pdf
  2. Complete all sections
  3. Sign and date the form
  4. Include copies (not originals) of supporting documents
  5. Mail to:

New York State Division of Human Rights
One Fordham Plaza, 4th Floor
Bronx, NY 10458

Tips:

  • Make copies of everything you send
  • Use certified mail with return receipt to prove filing date
  • Keep the mailing receipt and tracking information
  • Don’t send original documents (send copies only)

Option 3: File in Person

When to use: If you need filing assistance or prefer face-to-face interaction.

Process:

  1. Locate your nearest NYSDHR regional office: https://dhr.ny.gov/contact-us
  2. Bring completed complaint form or get help completing it at the office
  3. Bring copies of supporting documents
  4. Submit in person to office staff
  5. Receive date-stamped copy for your records

Regional offices (call ahead to confirm hours and location):

  • Bronx (Main Office)
  • Buffalo
  • Albany
  • Binghamton
  • Brooklyn
  • Manhattan
  • Queens
  • Syracuse
  • And others across the state

What Information Your Complaint Must Include

Your complaint should provide enough detail for NYSDHR to understand your allegations and begin investigation.

Required Information

Your information:

  • Full name
  • Address
  • Phone number
  • Email address (if available)

Employer information:

  • Business name
  • Address
  • Phone number
  • Approximate number of employees
  • Name of supervisor or person who discriminated

Nature of discrimination:

  • Protected characteristic(s) at issue (race, sex, age, disability, etc.)
  • Type of discrimination (hiring, termination, harassment, denied accommodation, etc.)
  • Dates when discrimination occurred

Description of events:

  • What happened
  • When it happened
  • Who was involved
  • How you were harmed

Helpful Additional Information

Witnesses: Names and contact information for people who saw or heard discriminatory conduct.

Comparators: Information about how similarly situated employees outside your protected class were treated better.

Documentation: Evidence supporting your claim (performance reviews, emails, medical records, etc.).

Internal complaints: Information about complaints you filed with HR or management.

Timeline: Chronological list of discriminatory incidents.

Supporting Documents to Include

While not required to file, supporting documents strengthen your complaint.

Helpful documents:

  • Emails, texts, or other communications showing bias or discriminatory statements
  • Performance reviews (especially positive ones before adverse action)
  • Job postings, offer letters, or employment contracts
  • Medical documentation (for disability or pregnancy discrimination)
  • Pay stubs or salary information (for pay discrimination)
  • Termination letter or documentation of adverse action
  • Internal complaint correspondence
  • Witness statements
  • Photos or screenshots of discriminatory materials
  • Company policies or handbooks
  • Attendance or discipline records

Tips for documents:

  • Submit copies, never originals
  • Organize chronologically if possible
  • Label or briefly describe each document
  • Don’t overwhelm with unnecessary documents—focus on most relevant evidence
  • You can submit additional documents later if needed

After You File: What Happens Next

Understanding the NYSDHR process helps you know what to expect.

Step 1: Complaint Review (1-2 months)

NYSDHR reviews your complaint to determine:

  • Whether they have jurisdiction (New York employer, covered under NYSHRL)
  • Whether your complaint states a valid claim
  • Whether you’re within the filing deadline

Possible outcomes:

  • Acceptance for investigation
  • Request for additional information
  • Dismissal (if jurisdictional issues or legally insufficient claim)
  • Referral to another agency if appropriate

Step 2: Employer Notification (immediate after acceptance)

NYSDHR sends your complaint to your employer and requests a written response, typically due within 30 days.

What your employer must do:

  • Provide position statement addressing allegations
  • Submit documents relevant to the complaint
  • Identify witnesses
  • Explain their version of events

What you should know:

  • Your employer now knows you filed a complaint
  • Retaliation for filing is illegal and creates a separate claim
  • Document any retaliation immediately

Step 3: Investigation (6-18 months typically)

NYSDHR investigates by:

  • Reviewing your complaint and employer’s response
  • Requesting additional documents from both sides
  • Interviewing witnesses
  • Analyzing evidence
  • Attempting informal resolution

During investigation:

  • Respond promptly to all NYSDHR requests for information
  • Provide additional evidence as you discover it
  • Keep NYSDHR updated on changes (address, contact info, new relevant events)
  • Don’t destroy any evidence
  • Consider whether mediation might be appropriate

Step 4: Mediation/Settlement Conference (optional, any time)

NYSDHR offers mediation—a neutral process where a mediator helps you and your employer try to reach settlement.

Mediation characteristics:

  • Voluntary (both sides must agree)
  • Confidential
  • Non-binding until agreement signed
  • Typically faster than proceeding to hearing
  • Both sides can propose settlement terms
  • You can have an attorney present
  • If unsuccessful, investigation continues

Settlement considerations:

  • Certainty of outcome versus risk of losing at hearing
  • Compensation amount offered versus potential hearing damages
  • Time and stress of continued litigation
  • Whether settlement includes non-monetary terms (reinstatement, policy changes, references)
  • Tax implications
  • Confidentiality or non-disparagement provisions

Step 5: Probable Cause Determination

After investigation, NYSDHR determines whether “probable cause” exists to believe discrimination occurred.

Probable cause finding: Evidence suggests discrimination occurred. Case proceeds toward hearing or settlement.

No probable cause finding: Insufficient evidence to proceed. NYSDHR dismisses complaint or issues “no probable cause” finding. You receive right to sue letter allowing you to file in court.

Step 6: Conciliation (if probable cause found)

NYSDHR attempts to resolve the case through conciliation—negotiated settlement after probable cause finding.

If conciliation succeeds, settlement agreement resolves the case.

If conciliation fails, case proceeds to hearing.

Step 7: Public Hearing (if settlement fails)

You can request a public hearing before an administrative law judge (ALJ).

Hearing characteristics:

  • Similar to court trial but less formal
  • Both sides present evidence and witnesses
  • You can have an attorney or represent yourself
  • ALJ issues written decision
  • Hearing typically occurs 12-24+ months after filing

Possible outcomes:

  • Finding of discrimination with remedies ordered (damages, reinstatement, policy changes)
  • Finding of no discrimination
  • Appeals possible to NYSDHR commissioners, then court if you disagree

Damages You Can Recover

If you prove discrimination, NYSDHR can order your employer to pay:

Back pay: Lost wages from discrimination until resolution.

Front pay: Future lost earnings if you can’t return to your job.

Compensatory damages: Emotional distress, pain and suffering, reputational harm (unlimited under NYSHRL).

Punitive damages: To punish egregious conduct and deter future discrimination (unlimited).

Reinstatement: Order requiring employer to give you your job back.

Injunctive relief: Orders requiring employer to change policies, provide training, or take corrective action.

Attorney’s fees: Your employer typically must pay your legal fees if you win.

Interest: On damages from when they accrued.

Dual-Filing with EEOC

You can file with both NYSDHR and the federal Equal Employment Opportunity Commission (EEOC) to preserve both state and federal rights.

Work-sharing agreement: NYSDHR and EEOC have an agreement to cross-file complaints automatically in some cases.

Verify cross-filing: Don’t assume it happened. Verify with both agencies that your complaint was properly dual-filed.

Why dual-file:

  • Preserves both state and federal claims
  • Some claims may be stronger under one law versus the other
  • Maximum leverage in settlement negotiations
  • Backup options if one claim faces procedural issues

Deadline reminder: EEOC deadline is only 300 days (versus NYSDHR’s 3 years). File with EEOC within 300 days if you want federal options.

Do You Need an Attorney?

You can file with NYSDHR without an attorney, and many people do. However, attorneys provide significant advantages.

Why you might not need an attorney for filing:

  • Filing process is designed to be accessible
  • NYSDHR provides investigation assistance
  • No upfront cost to file
  • Simple complaints may not require legal expertise

Why an attorney helps:

  • Attorneys know what evidence strengthens cases
  • Legal expertise in framing claims and responding to employer arguments
  • Experience with NYSDHR process and procedures
  • Negotiation skills for settlement
  • Hearing representation if case proceeds to trial
  • Knowledge of how to maximize damages recovery

When attorney representation is especially valuable:

  • Complex cases involving multiple claims
  • Cases with significant damages (career destruction, severe emotional distress)
  • If your employer has attorneys (most do)
  • Hearing preparation and representation
  • Settlement negotiation
  • If you’re unsure how to gather or present evidence

Finding an attorney:

  • Many employment attorneys offer free consultations
  • Most work on contingency (you pay nothing unless you recover damages)
  • Attorney fees typically 33-40% of recovery, plus employer may be ordered to pay separate attorney’s fees
  • Bar association referral services can help locate specialists

Common Mistakes to Avoid

Missing the deadline: File within 3 years. Don’t procrastinate assuming you have plenty of time.

Incomplete complaint: Provide enough detail for NYSDHR to understand your allegations.

Failing to preserve evidence: Save all documents before you lose access to work email and files.

Not responding to NYSDHR requests: Promptly provide information NYSDHR requests during investigation.

Destroying evidence: Never delete emails, texts, or documents relevant to your case.

Failing to document retaliation: If retaliation occurs after filing, document it immediately and report to NYSDHR.

Accepting settlement without legal review: Have an attorney review settlement agreements before signing.

Not dual-filing within EEOC deadline: If you want federal claims, file with EEOC within 300 days.

Giving up too soon: Many cases take 1-2 years. Persistence matters.

Tips for a Successful Complaint

Be specific: Provide dates, names, witnesses, and detailed descriptions of what happened.

Focus on discrimination: Explain how the adverse action relates to your protected characteristic, not just that you were treated unfairly.

Organize your evidence: Submit well-organized supporting documents with clear labels.

Keep copies of everything: Maintain a complete file of all complaint materials and correspondence.

Respond promptly: Reply to all NYSDHR communications quickly and completely.

Update your contact information: Notify NYSDHR immediately if you move or change phone number/email.

Continue documenting: Keep gathering evidence even after filing, especially evidence of retaliation.

Consider mediation: Settlement can provide certainty and faster resolution than hearing process.

Stay professional: Maintain professional, factual tone in all communications, even when discussing harmful discrimination.

Get emotional support: The process can be stressful. Consider counseling or support groups.

What If Your Complaint Is Dismissed?

If NYSDHR dismisses your complaint or finds no probable cause, you still have options.

Right to sue letter: NYSDHR issues a letter allowing you to file a lawsuit in court within one year.

Court filing: You can file in New York State Supreme Court with your right-to-sue letter.

Different standards: Courts use different standards than administrative agencies. Cases dismissed by NYSDHR can still succeed in court.

Attorney consultation: If your administrative complaint is dismissed, consult an attorney about court options.

Related Topics

Legal Disclaimer

This guide provides general information about filing discrimination complaints with the New York State Division of Human Rights. It is not legal advice and does not create an attorney-client relationship. The NYSDHR process involves complex procedures and deadlines. Your situation may have unique circumstances affecting how and when to file.

For advice about your specific situation, consult a qualified New York employment attorney. Many offer free consultations and work on contingency, meaning you pay nothing unless you recover damages.

Strict deadlines apply. Don’t delay in seeking legal help or filing your complaint.

Sources and Additional Resources: