DHR Complaint Process

There are federal, state, and city laws banning discrimination, and individuals may file a complaint in federal or state court.

The New York State Division of Human Rights was established as an alternative to the court system. Division staff specialize in enforcing the Human Rights Law and will handle the complaint from investigation through the hearing process (if there is one) — and will do so free of charge.

There are four basic steps to the DHR complaint process:

1. Filing the complaint; and
    
2. Investigating the allegations in the complaint; 
   
   And, where there is probable cause that unlawful discrimination has occurred,
    
3. A hearing before an Administrative Law Judge; and
    
4. Resolution of the complaint based on that hearing in a Commissioner's Order.

Once your complaint is filed, an investigator will be assigned to investigate the complaint. This may be done through written correspondence, telephone conversations, visits to the site of the alleged discrimination, fact-finding conferences, or a combination of these methods.

An investigator’s role is to investigate the facts of the case. The investigator cannot provide legal advice or act as your lawyer or representative. The Division does not provide the complainant with an attorney or representative during the investigation process.

Based on the evidence collected during the investigation, the Division will make a determination as to whether there is probable cause that unlawful discrimination occurred.

A determination that there is no probable cause that unlawful discrimination occurred will result in the dismissal of your case. If that determination is made, the Complainant has sixty (60) days to appeal that finding to the New York State Supreme Court.

If the Division determines that there is probable cause that unlawful discrimination occurred, the case will proceed to the administrative hearing process.

If the investigator determines that probable cause exists, the matter will proceed to an administrative hearing. An administrative hearing is similar to a court trial.

An Administrative Law Judge will conduct the hearing based on the allegations in the complaint. In this hearing,both sides will be able to present evidence to support their positions.

Although the hearing is a formal process, a complainant does not need to retain a lawyer during this process. TheDivision will provide an attorney or other agent to present the case in support of your complaint. This service is free of charge. However, a complainant may retain their own attorney, if desired.

After the hearing and based on the evidence presented at the hearing, the Administrative Law Judge assigned to the case will issue a recommended order, advising the parties and the Commissioner how they think the case should be resolved—that is, in favor of the Complainant or in favor of the Respondent. This is called the Administrative Law Judge’s Recommended Order.

The Commissioner will review the allegations, evidence, and the Administrative Law Judge’s Recommended Order and will issue a final Commissioner’s Order. If the Commissioner’s Order is in favor of the Complainant, the Order will specify a remedy.

Remedies may include a change in policies and/or practices; back pay with interest or benefits lost due to the discriminatory practice; and/or compensation for emotional distress, the rental, lease, or sale of real property; the provision of services; punitive damages; and/or civil fines and penalties.

If the investigator finds that there is no probable cause that unlawful discrimination took place, the Complainant has sixty (60) days to appeal that decision to the New York State Supreme Court.

Either the Complainant or the Respondent can appeal a Commissioner’s Order within sixty (60) days of the issuance of that order to the New York State Supreme Court.