Yes – But Choosing the New York State Division of Human Rights Instead of Court Is an Important Strategic Decision
Employees in New York often have the option of filing a sexual harassment complaint with the New York State Division of Human Rights instead of filing a lawsuit. However, the two processes are fundamentally different, and filing with the Division may affect your ability to later pursue certain claims in court because of New York’s election-of-remedies rule. Whether the administrative process or court litigation is the better choice depends on the facts of your case, the remedies you seek, the evidence available, and your overall legal strategy. Before making that decision, you should consult an experienced New York employment attorney who can explain the consequences of each option.
If you have experienced sexual harassment in the workplace, you may not have to file a lawsuit immediately – or at all.
In many cases, employees have the option of filing an administrative complaint with the New York State Division of Human Rights (NYS DHR) rather than bringing a lawsuit in court. For some individuals, that may be the right approach. For others, filing with the Division of Human Rights can have significant legal consequences that should be carefully considered before any papers are submitted.
The most important point is this:
Filing a complaint with the NYS DHR is not simply another way of starting a lawsuit. It is a different legal process, with different procedures, different timelines, and potentially different consequences.
Because New York law contains what is commonly referred to as an “election of remedies” provision, the decision to proceed before the Division of Human Rights rather than in court can affect your future legal options. For that reason, employees should understand both the advantages and the limitations of the administrative process before deciding where to pursue their claims.
What Is the New York State Division of Human Rights?
The New York State Division of Human Rights is the state agency responsible for enforcing the New York State Human Rights Law, one of the nation’s most comprehensive civil rights statutes.
Among many other responsibilities, the Division investigates complaints alleging:
- Sexual harassment
- Hostile work environment
- Sex discrimination
- Pregnancy discrimination
- Gender identity discrimination
- Sexual orientation discrimination
- Retaliation
- Disability discrimination
- Race, age, religion, and national origin discrimination
Unlike a court, the Division functions as an administrative agency. It receives complaints, investigates the allegations, gathers evidence, interviews witnesses, attempts to resolve disputes where appropriate, and, when necessary, conducts administrative hearings before an Administrative Law Judge.
Its purpose is to determine whether unlawful discrimination has occurred and, if so, what remedies may be appropriate under New York law.
How Is a Division of Human Rights Complaint Different From a Lawsuit?
Many employees assume that filing with the Division is simply the first step before going to court.
That is not generally how New York’s system works.
A complaint filed with the Division begins an administrative proceeding, not a civil lawsuit. Instead of filing pleadings in court and conducting discovery under the Civil Practice Law and Rules (CPLR), the matter proceeds through the Division’s investigative and administrative process.
The Division may request documents, interview witnesses, obtain written responses from the employer, conduct fact-finding conferences, encourage settlement discussions, and ultimately determine whether there is probable cause to believe unlawful discrimination occurred.
If probable cause is found, the matter may proceed to a formal administrative hearing rather than a jury trial.
The procedures, evidentiary rules, and available remedies differ in important respects from traditional court litigation.
What Is New York’s Election of Remedies Rule?
Before filing with the Division of Human Rights, employees should understand one of the most significant procedural rules in New York employment law.
Under the New York State Human Rights Law, filing an administrative complaint with the Division may, in many circumstances, bar the employee from later bringing the same state-law discrimination claims in court. This is commonly known as the election of remedies doctrine.
The purpose of the rule is to prevent the same dispute from being litigated simultaneously in two different forums.
There are important statutory exceptions, and the interaction between state administrative proceedings, federal claims, and New York City Human Rights Law claims can be complex. For example, dismissals for certain administrative reasons may preserve the ability to pursue claims elsewhere, while other dispositions may not.
Because the consequences can be significant, employees should seek legal advice before filing a complaint with the Division if they are uncertain whether they may later wish to file a lawsuit.
Why Do Some Employees Choose the Division of Human Rights?
Despite these considerations, filing with the Division can be an excellent option in the right case.
Some employees prefer an administrative forum because they hope to resolve the matter without initiating formal court litigation. Others appreciate that the Division investigates complaints and gathers information as part of its process. For individuals who are representing themselves, the administrative process may also appear less intimidating than filing a lawsuit in court.
In addition, some employees seek remedies that can be addressed through administrative enforcement rather than a jury trial.
Choosing the Division does not necessarily reflect a weaker case. Rather, it reflects a different procedural path that may align better with an individual’s objectives, resources, or circumstances.
Why Do Other Employees File a Lawsuit Instead?
Many employees – and their attorneys – elect to proceed directly in court under the New York State Human Rights Law, the New York City Human Rights Law, or both.
Court litigation generally provides broader discovery tools, including depositions, interrogatories, subpoenas, and extensive document production. These procedures often allow attorneys to obtain emails, text messages, personnel records, electronic communications, internal investigation files, and sworn testimony that may not be available in the same manner during an administrative investigation.
Court proceedings also provide the opportunity to present the case to a judge or jury rather than an administrative tribunal.
For some clients, these procedural differences make court the preferable forum. For others, the administrative process may better serve their needs.
The appropriate choice depends upon the facts, the available evidence, the legal claims, and the client’s goals.
Is the Division of Human Rights the Same as the EEOC?
No. Employees frequently confuse the New York State Division of Human Rights (NYS DHR) with the Equal Employment Opportunity Commission (EEOC).
Although both agencies investigate discrimination complaints, they enforce different laws.
The EEOC is the federal agency responsible for enforcing federal anti-discrimination statutes such as Title VII of the Civil Rights Act of 1964.
The NYS DHR enforces the New York State Human Rights Law.
The agencies cooperate through work-sharing agreements, and in some circumstances a complaint filed with one agency may also be treated as filed with the other. Nevertheless, they remain separate agencies operating under different statutory authority and different procedural rules.
Understanding which agency is handling your complaint – and how that choice affects your legal rights – is an important part of developing an effective strategy.
Can I Still Settle If I File With the Division of Human Rights?
Yes. Many people mistakenly believe that filing an administrative complaint eliminates the possibility of settlement.
In reality, settlement discussions may occur throughout the administrative process.
The Division may facilitate negotiations, encourage voluntary resolution, or assist the parties in exploring settlement before the matter proceeds to a hearing.
As with court litigation, settlement may occur early, late, or at any point in between.
Whether settlement is appropriate depends on the evidence, the legal issues, and the objectives of the parties involved.
Which Option Is Better?
There is no universally correct answer.
For some employees, filing with the Division of Human Rights is an efficient and effective way to pursue relief.
For others, filing directly in court provides procedural advantages, broader discovery, greater flexibility in litigation strategy, or remedies that better fit their objectives.
The decision should not be made solely because one option appears easier or faster.
Instead, experienced employment attorneys evaluate numerous considerations, including the available evidence, the desired remedies, the identity of the employer, whether federal claims may also exist, the interaction between state and city law, applicable statutes of limitation, the election-of-remedies doctrine, and the client’s long-term goals.
Only after considering all of these factors can a meaningful recommendation be made.
Why Get Legal Advice Before Filing With the Division of Human Rights?
One of the most common mistakes employees make is filing an administrative complaint without understanding its legal consequences.
Because many filing deadlines begin running shortly after the harassment occurs, individuals sometimes rush to file with the first agency they discover online. Unfortunately, that decision can affect the legal avenues available later.
Consulting an experienced employment attorney before filing does not obligate you to bring a lawsuit. It simply ensures that you understand your options before making an important procedural election.
Making an informed decision at the beginning of the process often provides greater flexibility and helps avoid unintended consequences later.
Speak With a New York Sexual Harassment Lawyer About Filing With the Division of Human Rights or in Court
If you have experienced workplace sexual harassment, you may have more than one way to pursue your rights. In some cases, filing a complaint with the New York State Division of Human Rights may be appropriate. In others, filing directly in court under the New York State Human Rights Law, the New York City Human Rights Law, or other applicable statutes may provide important strategic advantages.
At The Howley Law Firm, P.C., we help employees throughout New York evaluate every available option before deciding where to pursue their claims. We carefully analyze the facts, explain the advantages and disadvantages of each forum, identify potential procedural issues – including the election-of-remedies doctrine – and develop a strategy tailored to each client’s individual circumstances.
If you believe you have been subjected to workplace sexual harassment, contact The Howley Law Firm today for a confidential consultation. We can explain your legal options, help you avoid procedural pitfalls, and recommend the approach that most effectively protects your rights.
Call us at (212) 601-2728 before you file anything. The first consultation is free. We take most cases on a contingency fee basis, so you pay no fee unless there is a recovery.
