A. Procedures, Administration and Judicial Forums

• Jurisdiction: New York

A. Procedures, Administration and Judicial Forums

Procedurally, Title VII and related federal legislation is enforced administratively by the federal Equal Employment Opportunity Commission (EEOC). On the state level, the State Division of Human Rights (SDHR) enforces the New York State Human Rights Law. The New York City Commission on Human Rights (CCHR) enforces the N.Y.C. Human Rights Law. Claims under all three statutes can form the basis for a plenary action. Generally, claims filed with state and local administrative agencies are concurrently filed with the EEOC.

At the conclusion of EEOC's administrative investigation into a claim under Title VII and related statutes, it issues a right to sue notice permitting the complainant the right to commence litigation within 90 days. The general practitioner should be aware that the administrative procedures under the New York State Human Rights Law and the New York City Human Rights Law are very different than under Title VII. Both state and city statutes grant an individual claiming discrimination with a choice of forums: (a) an administrative procedure that can result in a hearing before an administrative law judge if probable cause is found; or (b) the right to commence a plenary action in state court or as a pendent claim in a federal action.

One significant facet of litigation in this area is the availability of reasonable attorney fees and costs to a prevailing plaintiff under Title VII²¹⁶ and the New York City Human Rights Law.²¹⁷ However, reasonable attorney fees are available to a prevailing party under the New York State Human Rights Law only with respect to a claim of employment discrimination where sex is a basis for the discrimination.²¹⁸

Federal, state, and local equal employment opportunity...