Legal Question in Employment Law in New York

Pregnancy discrimination which court can i file

I presently live in New Jersey and worked in midtown New York. I filed a pregnancy discrimination with EEOC against the company base in midtown,NY (at the time I didn't have a lawyer). I obtain my right to sue letter from EEOC and the 90 days to file with Federal Court is soon approaching.

My lawyer suggested that we file in Manhattan Supreme Court? Can a pregnancy discrimination case be file in Manhattan Supreme Court? If yes what is the advantage and disadvantage with filing Federal vs State court. (This is my lawyer first pregnancy discrimination case).


Asked on 1/24/06, 11:45 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Pregnancy discrimination which court can i file

A discrimination case can be filed in State or Federal Court, under either State or Federal Law or both provided you have gone through the agency proceeding. Did you get a finding of probable cause?

Did you file with the City Comminssion, the State Division of Human Rights or the EEOC? The State Division of Hman Rights investigates for EEOC in NY and you can have a dual filing with them and EEOC. Also in the City, the NYC commission on HR has even greater protection for employees.

It might be that your attorney is unfamiliar with federakl court or that your employer had less then 15 employees. Its too coplex to really answer.

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Answered on 1/25/06, 8:58 pm


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