Sexual harassment is not only prohibited by the City, but it
is also prohibited by state, federal and (where applicable) local
law. Aside from the internal process at the City, covered individuals
may also choose to pursue legal remedies, including, for example,
in court and/or with the below governmental entities. While a private
attorney is not required to file a complaint with a governmental agency,
you may seek the legal advice of an attorney.
A. New York State Human Rights Law (HRL).
(1) The HRL, codified as New York Executive Law, Art. 15, § 290
et seq., applies to employers in New York State with regard to sexual
harassment and protects employees, paid and unpaid interns and nonemployees,
regardless of immigration status. A complaint alleging violation of
the Human Rights Law may be filed either with the Division of Human
Rights (DHR) or in New York State Supreme Court. Complaints with the
DHR may be filed any time within one year of the harassment. If an
individual did not file at the DHR, they can sue directly in state
court pursuant to the HRL within three years of the alleged harassment.
An individual may not file with the DHR if they have already filed
an HRL complaint in state court.
(2) Complaining internally to the City does not extend your time to file
with the DHR or in court. The one-year and three-year time periods
outlined above are counted from the date of the most recent incident
of harassment.
(3) You do not need an attorney to file a complaint with the DHR, and
there is no cost to file. The DHR will investigate your complaint
and determine whether there is probable cause to believe that sexual
harassment has occurred. Probable cause cases are forwarded to a public
hearing before an administrative law judge. If sexual harassment is
found after a hearing, the DHR has the authority to award relief,
which varies but may include requiring an employer to take action
to stop the harassment, or redress the damage caused, including paying
monetary damages, attorneys' fees and civil fines.
(4) The DHR's main office contact information is: NYS Division of
Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458,
(718) 741-8400. The contact information for DHR's White Plains
Office (which serves Orange County) is: 7-11 South Broadway, Suite
314, White Plains, New York 10601, Telephone No. (914) 989-3120, eFax:
(914) 989-3122, InfoWhitePlains@dhr.ny.gov.www.dhr.ny.gov. Individuals
can contact the DHR at (888) 392-3644 or visit dhr.ny.gov/complaint
for more information about filing a complaint. The website has a complaint
form that can be downloaded, filled out, notarized and mailed to the
DHR. The website also contains contact information for DHR's
regional offices across New York State.
B. Civil Rights Act of 1964.
(1) The United States Equal Employment Opportunity Commission (EEOC)
enforces federal anti-discrimination laws, including Title VII of
the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e
et seq.). An individual can file a complaint with the EEOC any time
within 300 days from the harassment. You do not need an attorney to
file a complaint with the EEOC and there is no cost to file. The EEOC
will investigate the complaint and determine whether there is reasonable
cause to believe that discrimination has occurred, at which point
the EEOC will issue a right to sue letter permitting the individual
to file a complaint in federal court.
(2) The EEOC does not hold hearings or award relief, but may take other
action, including pursuing cases in federal court on behalf of complaining
parties. Federal courts may award remedies if discrimination is found
to have occurred.
(3) If an employee believes that he/she has been discriminated against
at work, he/she can file a "Charge of Discrimination." The EEOC has
district, area, and field offices where complaints can be filed. Contact
the EEOC by calling 1-800-669-4000 [1-800-669-6820 (TTY)], visiting
their website at www.eeoc.gov or via e-mail at info@eeoc.gov. If an
individual filed an administrative complaint with the DHR, the DHR
will file the complaint with the EEOC to preserve the right to proceed
in federal court.
C. Local protections.
(1) Many localities enforce laws protecting individuals from sexual harassment
and discrimination. An individual should contact the county, city
or town in which they live or work to find out if one or more of these
laws exist.
(2) For example, anyone who lives or works in Orange County may file
complaints of sexual harassment with the Orange County Human Rights
Commission at: 40 Matthews Street, Suite 301, Goshen, NY 10924, (845)
615-3680.
D. Contact the Police Department. If the sexual harassment involves
physical touching, coerced physical confinement or coerced sexual
acts, the conduct may constitute a crime, and affected individuals
should contact the Police Department.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid or otherwise unenforceable, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.