How to File a Harassment Suit

If you have endured harassment or discrimination in the workplace, or if you have been affected by harassment of any nature while on the job, you may be considering filing a harassment lawsuit in New York City. This could include sexual harassment or discrimination based on your race, ethnicity, religion, age, gender, or sexual orientation. Please refer to the following information on filing an NYC harassment lawsuit.

Filing a charge of discrimination

Prior to filing a harassment lawsuit in New York (or an NYC sexual harassment lawsuit) on your own behalf, you must file a charge of discrimination with the Equal Opportunity Employment Commission (the EEOC). In most cases, the EEOC will conduct all phases of a New York City harassment lawsuit, including investigating the lawsuit, collecting testimonies, providing mediation opportunities, and developing a remedy.

You can file a charge with the EEOC by mail or by visiting a local office branch. Contact the EEOC at 1-800-669-4000 to inquire about a local office, or refer to the U.S. Government listings in a local telephone book.  Note that you will be required to provide certain information, such as the date(s) and description(s) of harassment incidents, your personal contact information, and basic data about your place of employment, including the number of employees and the name and contact information of the harasser.

Next, your employer will be notified that you filed a charge of discrimination. The EEOC will commence the investigation into your charge, and will then determine if discrimination took place. If they are unable to conclude that discrimination occurred, the EEOC will dismiss the case, and you will be given notice of your right to sue. At that point, you have 90 days during which you must file your personal harassment lawsuit in NYC.

Resolutions to your New York City harassment lawsuit

When discrimination is found, you will be able to recover certain losses and remedies based on the unique details of your case. The type of relief you are awarded may include the following:

  • Back pay
  • Hiring
  • Promotion
  • Employment reinstatement
  • Front pay
  • Other reasonable accommodations
  • Financial compensation
    • Attorney expenses
    • Expert witness fees
    • Court costs

In addition to these remedies, you may be awarded compensatory or punitive damages if intentional discrimination is found in your New York sexual harassment lawsuit. This may include current and future financial losses as well as compensation for mental anguish.

Reach out to our New York harassment lawsuit attorneys

While the laws surrounding a harassment lawsuit in NYC are complicated, the attorneys at The Derek T. Smith Law Group, P.C. are familiar with the necessary processes for filing a lawsuit.  Our law firm is here to offer you support and advice throughout this difficult time. Contact us today for more information.