What steps lead to a Public Hearing?
The New York State Division of Human Rights investigates and resolves complaints of unlawful discrimination. After someone submits a complaint to the Division, our investigators gather information to help determine whether or not there is probable cause that unlawful discrimination has occurred.
"Probable cause" means that there is enough reliable evidence to believe that discrimination occurred—but it is not the final decision in the case. After a finding of probable cause, a complaint will move on to the next step in the Division’s process: a public hearing.
What is a Public Hearing?
A public hearing is similar to a court trial. If your case goes to a public hearing, an Administrative Law Judge will conduct the hearing based on the allegations in your complaint, and both sides will be able to present evidence to support their positions. A word-for-word transcript is made of the proceedings. The hearing may last one or more days, and the days may not be consecutive.
Parties to the discrimination case are notified of all hearing sessions in advance, and the hearing may be adjourned to a later date only for good cause.
Before the public hearing happens, there will be several opportunities to resolve your complaint through a settlement agreement. This can be much faster than the public hearing process, and many complaints are resolved this way.
How are Public Hearings held?
The Division holds public hearings by videoconference. Anyone may attend a public hearing, including members of the public, press, and other non-participating observers.
Anyone who wants to attend a public hearing should email [email protected] at least one business day in advance of the start of the hearing to request permission to attend.
Attendees will be able to see and/or hear the public hearing in the same manner as the participants and will have a similar experience to sitting in a hearing room. You can let us know if you are having technical difficulties with the public hearing by sending us an email at [email protected], but we cannot not provide technical support for participants or attendees.
IMPORTANT: It is illegal to make a video recording of a public hearing held by the New York State Division of Human Rights. Individuals who make a video recording of a public hearing held by the Division may face legal action.
Where can I find a list of upcoming Public Hearings?
What happens after a Public Hearing?
After the hearing, the Administrative Law Judge will make a recommendation to the Commissioner of the Division of Human Rights about how the Judge thinks the case should be resolved. All parties to a case will have an opportunity to review and comment on the Judge’s recommendation before it is submitted to the Commissioner.
The Commissioner then reviews the allegations, the evidence, and the Recommended Order from the Judge. Based on this information, the Commissioner then issues a Final Order deciding the outcome of the case.
If the Commissioner’s ruling is in favor of the party who reported discrimination and filed the complaint, the Final Order will direct the Respondent to stop the discriminatory practice and provide remedies. These remedies could include reinstatement to a job; back pay with interest and benefits; changes in policies; attorney’s fees; compensation for emotional pain and suffering; civil fines and penalties; and a variety of other forms of compensation and remediation.
If the Commissioner’s ruling is in favor of the Respondent and against the party that reported discrimination and filed the complaint, then the complaint will be dismissed.
Any Party may appeal a Commissioner’s Final Order to the New York State Supreme Court within 60 days of the Order being issued. The Commissioner’s Final Order will include information about how to appeal the decision.