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To achieve our goal of keeping you informed, this blog is Part XX and an update of our series on federal laws that apply to workplace harassment, discrimination, & retaliation in New York. In Part XIX, we provided you with an overview of the “Enforcement Mechanism for Discrimination, Harassment, and/or Retaliation Violations” for various applicable federal laws. Accordingly, we now switch gears and hammer on the “Private Right of Action” provided under these federal laws in this blog and Part XX of the series.

Private Right of Action under Federal Laws Applicable to Workplace Harassment, Discrimination, & Retaliation in New York

Title VII of the Civil Rights Act of 1964 (Title VII)

Pursuant to 42 U.S.C. §§ 12117(a), 2000e-5(f)(1) of Title VII, a person has 90 days to file a civil action after a Notice of Right to Sue has been issued by the Equal Employment Opportunity Commission (EEOC).

Pregnancy Discrimination Act (PDA)

Pursuant to 42 U.S.C. §§ 12117(a), 2000e-5(f)(1), a person has 90 days to file a civil action after a Notice of Right to Sue has been issued by the EEOC.

Americans with Disabilities Act (ADA)

Pursuant to 42 U.S.C. §§ 12117(a), 2000e-5(f)(1), civil actions have to be filed within 90 days after a Notice of Right to Sue has been issued by the EEOC.

Fair Labor Standards Act (FLSA)

Pursuant to 29 U.S.C. § 216(b), an employee who feels aggrieved by their employer may file a civil action in court. Furthermore, the FLSA allows retaliation complaints to be filed with the Wage and Hour Division of the Department of Labor.

Equal Pay Act (EPA)

Employees can file a lawsuit in court or file a discrimination charge with the EEOC if they believe their employer has violated the EPA. However, before initiating a lawsuit, a person need not file a charge with the enforcement agency. Pursuant to 29 U.S.C. § 255(a), a person should not take longer than 24 months after the discriminatory act has occurred or 36 months after if a willful act is the reason for the cause of action.

Age Discrimination in Employment Act (ADEA)

Pursuant to 29 U.S.C. § 626(c), aggrieved persons may bring a civil action in any court of competent jurisdiction for such legal or equitable relief for ADEA’s purposes. Under the ADEA, filing a lawsuit should be done 60 days after the date when the age discrimination charge was filed with the EEOC. However, a lawsuit must be brought within 90 days after the EEOC has given notice concerning the completion of its investigation to the claimant.

Section 1981

Section 1981 allows employees to file complaints alleging discrimination, harassment, or retaliation immediately and directly to court.

Patient Protection and Affordable Care Act (ACA)

All forms of charges of retaliation alleging the violation of the ACA should be filed with OSHA (Occupational Safety and Health Administration). Pursuant to 29 C.F.R. § 1984.103(d), individuals must file complaints within 180 days after the occurrence of retaliatory acts. As mentioned in the previous blog, an employee and/or employee may seek a full hearing before the Department of Labor’s administrative law judge (ALJ) within 30 days after a preliminary order has been issued by OSHA. Further, within 14 days of the decision, parties can proceed to the Department’s Administrative Review Board (ARB) and seek to appeal the ALJ’s decision.

Family and Medical Leave Act (FMLA)

Under the FMLA, civil actions alleging discrimination under the law may be filed in court pursuant to 29 U.S.C. § 2617.

Immigration Reform and Control Act (IRCA)

There is no individual right to file a complaint in federal or state court under the IRCA. However, pursuant to 8 U.S.C. § 1324b(d)(3), a complaint charge alleging a violation of IRCA must be filed with the Office of Special Counsel (OSC) within 180 calendar days from the day of the occurrence of the discrimination.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Employees have a right to file a complaint with the Department of Labor, Veterans Employment and Training Service (VETS). An employee may request a case referral to the attorney general if VETS cannot resolve the claim. However, a person may also initiate a private legal action in a court of law if they decide to bypass VETS.

Employee Retirement Income Security Act (ERISA)

In line with 29 U.S.C. § 1132, ERISA § 502 is the civil enforcement provision under this law, which applies to the enforcement of Section 510. Pursuant to 29 U.S.C. § 1132(a)(3) and under ERISA § 502(a)(3), a civil claim may be brought to court by a fiduciary, beneficiary, or participant with the goal of (1) obtaining “other appropriate equitable relief” to address those violations or enforce ERISA provisions, or (2) enjoining practices or acts that violate a plan’s terms or ERISA itself.

Genetic Information Nondiscrimination Act (GINA) of 2008

Before filing a complaint in state or federal court, GINA requires a person to file a discrimination charge with the EEOC first. Pursuant to 42 U.S.C. §§ 12117(a), 2000e-5(f)(1), civil actions have to be filed within 90 days after a Notice of Right to Sue has been issued by the EEOC.

In Part XXI, we will switch gears and hammer on “Exhaustion Requirement” under these federal 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.