New York State Division of Human Rights: Complaint Filing & Investigation Rules

• Broader service options: Determinations, notices, complaints, answers, decisions, findings, and orders may be served by personal service, first-class mail, email, or other appropriate electronic means.

• Individuals aggrieved by unlawful discrimination under Executive Law § 292(1).
• Organizations injured by alleged discrimination or representing injured members/clients.
• Legal representatives (attorney, guardian, trustee), custodial parent/legal guardian for minors.
• Public officials: Commissioner of Labor, Attorney General, Executive Director of the Justice Center for the Protection of People with Special Needs.
• DHR on its own motion may initiate a complaint.
• Employers may file seeking DHR assistance where employees refuse or threaten to refuse to cooperate with the Human Rights Law.

Step 1: Report Discrimination (Pre-Complaint)

• Submit information/documentation using the DHR web portal or via the DHR call center (staff enter your info on the web form).
• DHR may request edits or more information for jurisdictional and formatting requirements.
• Important: A pre-complaint report is not a formal complaint.

Step 2: Verification & Filing

• After DHR review, the approved form becomes the complaint and is returned to the complainant for verification (signed declaration under penalty of perjury or notarized oath).
• The complaint is deemed filed when verified and received by DHR.

Time Limits (Statute of Limitations)

• Three (3) years from the date of the alleged unlawful discriminatory practice.
• Continuing violations: any date within the series up to and including cessation may be used.
• Historic exceptions: certain older sexual harassment/employment or pre-2/15/2024 discrimination claims may have shorter windows.

• Complainant’s full name, address, and (if available) email/phone.
• Respondent’s name, address, and (if known) email/phone.
• Concise statement of discriminatory acts sufficient for investigation.
• Facts supporting the claim and identification of involved persons.
• Relevant dates (including ranges for continuing acts).
• Disclosure of any other actions or proceedings based on the same grievance and their status.

• Withdrawal (Pre-PC): A complainant may withdraw any time before a probable cause determination by submitting a signed writing. DHR may still file on its own motion.
• Discontinuance (Post-PC): After probable cause, discontinuance requires notice to respondent and commissioner consent. Private settlements are not permitted; settlements must be via stipulation of settlement.

Types of Dismissal

• Lack of jurisdiction or lack of probable cause (may sever parties/charges).
• Administrative convenience (e.g., objections to conciliation lack substance; complainant unavailable; relief precluded; processing won’t advance human rights goals; or complainant pursues federal/other forum where election rules aren’t violated).
• Annulment of election of remedies (upon request, pre-hearing) so the claim may proceed in court; preserves rights as if no DHR complaint had been filed and pegs court statute to the filing date with DHR.
• Untimeliness (subject to judicial review).

• Prompt and fair investigations conducted by the assigned regional office, deputy commissioner of investigations, or designee.
• Methods include field visits, written/oral inquiries, and conferences.
• Determination recommendations must be reviewed for accurate facts and legal sufficiency by designated leadership.