Legal Question in Discrimination Law in New York
Disparate Treatment
Once notifying your employer i.e. supervisor, his supervisor, etc., of disparate treatment based on gender, how much time do they have to respond and what is the first step if the allegation is against those in the office who are responsible for receiving complaints of this nature?
2 Answers from Attorneys
Re: Disparate Treatment
There is no specific time by which the employer has to act. You need to know, however, that there are actions you can take to best protect your rights.
Gender discrimination is illegal under federal and New York law. To protect your rights under federal law (which has the better remedies), you must first file a charge of discrimination with the Equal Employment Opportunity Commission ["EEOC"]. The charge must be filed within 300 days from the date of the alleged discriminatory action. There are EEOC offices in NYC, Buffalo and I believe Albany. Your time to file an EEOC charge is not "put on hold" while your employer is investigating. Thus, unless you are satisified that the issues have been fully resolved within 300 days, you should file an EEOC charge.
Good luck.
Steven Modica
Modica & Associates
1777 English Road, Suite Two
Re: Disparate Treatment
There is no particular time, except for the 300 day limit of the EEOC, in which to make a complaint. If the people to whom you must complain are the people doing these things to you, you best complain through an attorney, and by filing with the EEOC but you really should have a lawyer do that, despite what they tell you.
Harold M. Weiner
Coles & Weiner, P.C.
342 MADISON AVENUE SUITE 1800
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