Legal Question in Employment Law in New York

Re: Disciplinary

Contact the division of human rights or the City commision.

Re: Disciplinary

You have option of complaint to Equal Employment Opportunity Commission (EEOC),a United States governmental agency.Alternatively, complain to New York State Division of Human Rights (NYSDHR) or to City Commission on Human Rights as already advised in another response.

EEOC & NYSDHR each have websites with details complaint procedures & how to contact.They should be listed in your phone directory.If you reside in NY City, then you could alternatively complain to New York City Commission on Human Rights (NYCCHR) which also has website & which should also be listed in your phone directory.

There are "tradeoffs" on selecting which agency to file complaint with & whether to complain under NYS or NYC law or federal law.These choices may impact on types of damages available & on ability to proceed to sue in court ("election of remedies").Some initial choices ly can permanently prevent exercise of alternatives you would have had if you had chosen another agency to proceed with ("exhaustion of remedies").

Therefore:seek experienced attorney's advice at least as to "pros and cons" of which agency, EEOC,or NYSDHR,or NYCCHR,should contact first.

"Exhaustion of remedies": cannot go to court to sue employer under Title VII of federal civil rights law until plaintiff has filed complaint with EEOC.By contrast,neither NYS nor NYC law impose "exhaustion of remedies" requirements.

Damages: Whether sue under Title VII federal law or under NYS or NYC laws,following damages are available for sexual harass: Injunctive relief, front & back pay,compensatory damages.

Additionally: Title VII of federal law (and NYC human rights law if go directly to court) provide for: punitive damages & reasonable legal expenses & fees.However, under Title VII, there are statutory capped limits on compensatory damages & on punitive damages available.

Under NYS law: for sexual harassment cannot get punitive damages & cannot get attorney fees. However, NYS law does provide unlimited compensatory damages with no statutory caps.

Situation is more complicated under NYC law: NYCCHR cannot itself award punitive damages & cannot award attorneys fees;however,NYCCHR can award unlimited compensatory damages.Moreover,if plaintiff goes to court directly with complaint based on NYC law,without previously filing a complaint to the NYCCHR, or after NYCCHR's "administrative dismissal" of claim filed with NYCCHR,then punitive damages available, & attorney fees also available,as well as unlimited compensatory damages.

"Election of remedies" applies to both NYS & NYC law but does not apply to suing under federal Title VII law; i.e.,if claim is at first filed with either NYSDHR or NYCCHR (without having filed complaint with EEOC, sexual harassment plaintiff cannot then sue employer in federal or state court without administrative dismissal of complaint by NYSDHR or NYCCHR as applicable.