What To Expect

At the Division, we go to great lengths to protect your rights by enforcing the New York State Human Rights Law. Our process for investigating and resolving complaints is detailed, and it often takes many months. Knowing how this works and what to expect along the way is important. To help you understand it all, this page outlines the key steps we take once we receive your discrimination report. 

After you report discrimination to us, we will review the information you provided to determine whether the incident is covered by the Human Rights Law.

We may contact you to ask questions, clarify information, or to request additional documents or details. Please be sure to respond to us as quickly as possible to avoid unnecessary delays.  If we determine that the experience you reported to us is covered by the Human Rights Law, we will prepare a formal complaint on your behalf and ask you to review, sign, and return it to us. Once you sign and return the document, your complaint will be officially filed with the Division of Human Rights.

If we determine that a complaint cannot be filed based on the information you reported, we will send you a letter explaining why an official complaint cannot be filed.   

After we receive your signed complaint, we will send a copy to the people and entities you have charged with discrimination, known as the "Respondents," and ask them to respond to the allegations in writing.  

After we receive their response, we will share it with you and give you an opportunity to reply to it in writing.  This is known as a rebuttal.

When this process is complete, your case will be ready for investigation.  

Remember: We assign complaints to investigators in the order in which they were received. Given the volume of complaints we receive, it will take time for an investigator to get to your case. 

Once your complaint is assigned to an investigator, the investigator will gather additional information to help them evaluate your complaint. This may include, but is not limited to: 

• Interviewing you and other people involved in your case;
   
• Asking for additional documents and other evidence, like photos or texts; and
   
• Visiting locations you identified in your complaint.   

This process can take several months to complete. Be sure to respond to requests for information as quickly as possible to avoid unnecessary delays.   

You may have opportunities for you to settle your case during the investigation. Settling a case often results in a resolution much faster than cases that proceed all the way to a public hearing.

Remember: The investigator’s role is to determine the facts of the case. The investigator cannot give you legal advice or act as your advocate or attorney.  

When the investigation is completed, you will receive a letter telling you whether the Division determined there is “probable cause” that unlawful discrimination occurred in your case. Probable cause means that there is enough reliable evidence to believe that discrimination occurred. 

• If the Division determines that there is probable cause, your complaint will move on to the next stage of the Division’s process: a public hearing.
   
• If the Division determines that there is no probable cause, your complaint will be dismissed. Dismissals can only be appealed in New York State Supreme Court within 60 days of the finding. 

The letter will also tell you or the Respondent how to appeal the Division’s determination.

If an investigation finds probable cause that unlawful discrimination occurred in your case, your complaint will be scheduled for a public hearing.   

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.  

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.  

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.   
 

PUBLIC HEARINGS

The Commissioner will review the case materials and the judge’s recommendations and will then issue a Final Order.

• If the Final Order finds that discrimination has occurred, then the Respondent will be required to provide remedies. These remedies could include reinstatement to a job; back pay with interest and benefits; changes in policies; and a variety of other forms of compensation and remediation.
   
• If the Final Order finds that discrimination has not occurred, then the complaint will be dismissed. 

A Final Order will also tell the Complainant or the Respondent how they can appeal the Commissioner’s Order.
 

FINAL ORDERS