Legal Question in Disability Law in New York

Appealing NYS Div Human Rights determination

Original determination ofregional director's finding ''probable cause'' in my favor was later reversed by an incompetent investigator of such same agency (after director had left) who failed to follow the DHR guidelines by requesting a ''2-party conference'' with myself and former employer, only to then speak to each of us separately while the other waited out in the hall and ultimately, reversing the order of probable cause to one of ''NO probable cause'' through this conference that failed to meet agency guidelines to begin with. What to do? Time of essence!


Asked on 8/18/08, 12:03 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Re: Appealing NYS Div Human Rights determination

You have several choices: request a review by the EEOC -this is assuming that your case was also filed with the EEOC and the issue that you are claiming involves a federal right; file an appeal in state court; or wait for a right-to-sue letter from the EEOC and proceed in federal court -again this is assuming that your case was also filed with the EEOC and the issue that you are claiming involves a federal right. Should you proceed in state court you may loses certain opportunities that are available to federal case litigants. Finally, don't wast your time arguing with the DHR investigative procedures because from your statement, it appears that they followed their own guidelines. Best wishes.

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Answered on 8/19/08, 8:13 am


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