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Here at Miletti Law®, we are the authoritative force in Employment and Labor Law. Therefore, we are committed to updating our series on employment & labor law with fresh, verifiable, and credible content. In that spirit, this blog is Part XIX of our series on New York State and City laws that apply to workplace harassment, discrimination, & retaliation. In Part XVIII of this series, we provided you with an overview of the “Religious-Related Protections” pursuant to the NYCHRL & NYSHRL. As we move the discussion forward in this blog and Part XIX of the series, we are going to hammer on “Enforcement Mechanism & Agencies and Private Right of Action.”

Enforcement Mechanism & Agencies

In New York, discrimination, harassment, or retaliation violations are enforced through an elaborate mechanism pursuant to (1) NYC Administrative Code 8-101 et seq. of the New York City Human Rights Law (NYCHRL), (2) N.Y. Lab. Law § 194 of the New York Equal Pay Act, (3) N.Y. Exec. Law § 290 et seq. of the New York State Human Rights Law (NYSHRL), and (4) N.Y. Lab. Law § 203-e (Reproductive Health Discrimination – Prohibition of Discrimination Based on an Employee’s or a Dependent’s Reproductive Health Decision Making).

  1. The responsibility of enforcing and administering the NYCHRL is entrusted to the New York City Human Rights Commission pursuant to NYC Administrative Code 8-105.
  2. Pursuant to N.Y. Lab. Law § 196, the New York Equal Pay Act is administered and enforced by the New York Commissioner of Labor.
  3. Pursuant to N.Y. Exec. Law § 295, the NYSHRL is administered and enforced by the New York State Division of Human Rights.

Private Right of Action

NYCHRL

Provided that one has not previously filed a complaint involving a particular discriminatory practice with the New York State Division of Human Rights or the New York City Human Rights Commission, such an individual has the right to proceed to a court of competent jurisdiction and, henceforth, bring a private cause of action under the NYCHRL. However, filing a complaint under NYC Administrative Code § 8-502, subd. a is not constituted as filing a complaint under federal law and with a federal agency that is subsequently termed as the State Division or the City Commission. Pursuant to NYC Administrative Code § 8-502, subd. b, a plaintiff is permitted to pursue a private cause of action under the NYCHRL if such an individual has filed a complaint with the State Division or the City Commission, but which is dismissed on the basis of administrative convenience. Accordingly, within ten days after the commencement of a private cause of action under NYC Administrative Code § 8-502, the plaintiff is required to serve a copy of the complaint upon the Corporation Counsel and the City Commission.

Reproductive Health Discrimination

Pursuant to N.Y. Lab. Law § 203-e(3), an aggrieved employee may bring an action in a court of competent jurisdiction for damages and other proceedings and remedies.

New York Equal Pay Act

Again, pursuant to N.Y. Lab. Law § 198, an employee or former employee may recover unpaid wages by bringing an action in court under the New York Equal Pay Act.

NYSHRL

Pursuant to N.Y. Exec. Law § 297(9), an aggrieved employee may bring an action in a court of competent jurisdiction for damages and other proceedings and remedies. Further, pursuant to provision 9 NYCRR § 466.14(c)(1), the private right of action to persons with a known relationship or association with a member or members of a protected class covered under the relevant NYSHRL’s provisions is extended by the 9 NYCRR § 466.14. Accordingly, pursuant to 9 NYCRR § 466.14(b), it is recited under the extended coverage provision that if a person feels that a given unlawful discriminatory practice has aggrieved them, then they are permitted to file a verified complaint by the Human Rights Law Section 297(1).

In Part XX of this series, we shall switch gears and provide you with an overview of “Exhaustion Requirement & Statute of Limitations,” as recognized under the NYCHRL & NYSHRL and other relevant laws that apply to workplace harassment, discrimination, & retaliation in New York.

Until then, stay tuned for more legal guidance, training, and counsel. In the interim, reach us with questions or comments on our website at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.