EEOC, NYSDHR & NYC Human Rights Investigations: Employer FAQ
New York Employment Discrimination Investigation Lawyer
Employers in New York City and Long Island can face administrative investigations and complaints involving employment discrimination, sexual harassment, retaliation, disability discrimination, failure to accommodate, and other workplace claims. Depending on the circumstances, an employer may receive an EEOC charge, an NYSDHR complaint, or a complaint involving the New York City Commission on Human Rights (CCHR).
The Law Office of Joseph Kilada represents employers throughout New York City, Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, and Suffolk County in employment discrimination investigations and administrative proceedings.
A charge or complaint is an allegation, not a finding that an employer violated the law. Nevertheless, an agency investigation can require a prompt, carefully prepared response supported by relevant documents and evidence.
What Is an EEOC Investigation?
An EEOC investigation is an examination by the U.S. Equal Employment Opportunity Commission concerning allegations that an employer violated federal employment discrimination laws.
Depending on the allegations, an EEOC investigation may involve discrimination based on race, color, religion, sex, national origin, disability, or age. EEOC matters may also involve sexual harassment, retaliation, or other claims within the agency’s jurisdiction.
The EEOC may request documents and information, obtain statements, interview individuals, or take other investigative steps.
What Is an EEOC Charge of Discrimination?
An EEOC charge of discrimination is a formal allegation that an employer engaged in unlawful employment discrimination or another employment practice prohibited by federal law.
An EEOC charge is not a determination that the employer violated the law. The employer generally has an opportunity to respond to the allegations and provide information supporting its position.
An employer should review the charge carefully before responding because the allegations, factual assertions, and requested information can affect the scope of the response.
What Is an EEOC Position Statement?
An EEOC position statement is a written response submitted by an employer explaining its position concerning the allegations raised in an EEOC charge.
An effective EEOC position statement should address the relevant facts, explain the employer’s reasons for the employment decisions at issue, and provide appropriate supporting information and documentation.
An employer’s position statement should be consistent with its records and evidence. Unsupported general denials may be less effective than a factual response that addresses the allegations specifically.
What Is an EEOC Request for Information?
An EEOC Request for Information (RFI) is a request from the EEOC for documents, information, or other materials relevant to an investigation.
An EEOC RFI may seek personnel records, employment policies, information about other employees, disciplinary records, performance documentation, compensation information, communications, or information concerning individuals who may be relevant to the allegations.
An employer should carefully review an RFI, identify responsive information, preserve relevant evidence, and respond within the applicable deadline.
What Is an NYSDHR Complaint?
An NYSDHR complaint is an administrative complaint filed with the New York State Division of Human Rights alleging discrimination, harassment, retaliation, or another violation of the New York State Human Rights Law.
The NYSDHR may investigate the allegations, request documents and information, conduct fact-finding, and take other administrative steps.
An NYSDHR complaint is an allegation rather than a finding of liability, but an employer should respond promptly and carefully.
What Is a NYC Commission on Human Rights Complaint?
A NYC Commission on Human Rights complaint is an administrative complaint alleging discrimination, harassment, retaliation, or other conduct prohibited by the New York City Human Rights Law.
The CCHR enforces the New York City Human Rights Law, which provides broad protections in employment. Employers operating in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island may therefore encounter CCHR complaints involving a wide range of workplace issues.
What Is the Difference Between the EEOC, NYSDHR, and CCHR?
The difference between the EEOC, NYSDHR, and CCHR is the government agency involved and the federal, state, or local laws within that agency’s jurisdiction.
The EEOC enforces federal employment discrimination laws. The NYSDHR enforces the New York State Human Rights Law, while the CCHR enforces the New York City Human Rights Law.
Because federal, New York State, and New York City laws can overlap, an employer should determine which laws and agencies apply to the particular allegations.
What Should an Employer Do After Receiving an EEOC Charge?
An employer that receives an EEOC charge should review the allegations carefully, identify applicable deadlines, preserve relevant documents and electronically stored information, and determine whether legal counsel should assist with the response.
Relevant information may include personnel records, emails, text messages, employment policies, performance evaluations, disciplinary records, accommodation communications, and documents concerning other employees who may be relevant to the allegations.
A timely and well-supported response can help present the employer’s factual and legal position to the agency.
What Should an Employer Do After Receiving an NYSDHR Complaint?
An employer that receives an NYSDHR complaint should carefully review the allegations and any accompanying requests or deadlines, preserve relevant evidence, and begin investigating the underlying facts.
The employer should identify individuals involved in the employment decisions at issue and gather documents that may support or contradict the allegations.
Depending on the circumstances, an employer may benefit from having a New York employment attorney evaluate the complaint before a substantive response is submitted.
What Should an Employer Do After Receiving a CCHR Complaint?
An employer that receives a CCHR complaint should promptly review the allegations, determine the applicable response requirements, preserve relevant evidence, and evaluate the potential legal issues under the New York City Human Rights Law.
Employers should avoid assuming that a CCHR complaint is simply the same as an EEOC charge because the applicable laws and administrative procedures can differ.
What Types of Employment Discrimination Can These Agencies Investigate?
EEOC, NYSDHR, and CCHR investigations can involve many types of employment discrimination, including allegations based on race, color, religion, sex, gender, sexual orientation, gender identity, national origin, age, disability, pregnancy, and other protected characteristics recognized by applicable law.
The agencies may also investigate allegations involving sexual harassment, retaliation, and failure to accommodate.
Can an Employer Face an Investigation for Sexual Harassment?
An employer can face an EEOC, NYSDHR, or CCHR investigation involving alleged sexual harassment in the workplace.
A sexual-harassment investigation may involve allegations concerning unwanted conduct, hostile work environment, inappropriate communications, employment decisions allegedly connected to sexual conduct, or other conduct prohibited by applicable law.
The employer’s response may require an examination of workplace policies, complaints, witness accounts, communications, and the actions taken by management after the company became aware of the allegations.
Can an Employer Face an Investigation for Retaliation?
An employer can face an EEOC, NYSDHR, or CCHR investigation involving alleged retaliation when an employee claims to have suffered an adverse employment action after engaging in legally protected activity.
Retaliation allegations may arise after an employee complains about discrimination or harassment, participates in an investigation, requests a legally protected accommodation, or engages in another protected activity.
The timing of employment decisions and the employer’s stated reasons for those decisions may be important evidence in a retaliation investigation.
Can an Employer Face an Investigation for Failure to Accommodate?
An employer can face an investigation involving an alleged failure to provide a reasonable accommodation for a disability, pregnancy-related condition, religious practice, or another legally protected circumstance, depending on the applicable law.
Accommodation disputes may require examination of the employee’s request, communications between the employee and employer, the essential functions of the position, available accommodations, and the employer’s response.
What Documents Should an Employer Preserve?
An employer responding to an EEOC, NYSDHR, or CCHR investigation should preserve potentially relevant documents and electronic information.
Depending on the allegations, relevant evidence may include personnel files, emails, text messages, employment agreements, employee handbooks, workplace policies, performance evaluations, disciplinary records, payroll information, accommodation records, complaint records, and communications involving decision-makers.
The appropriate preservation steps depend on the facts and allegations involved.
Can an Employer Settle an EEOC, NYSDHR, or CCHR Complaint?
An employer may be able to settle an EEOC, NYSDHR, or CCHR complaintthrough mediation, direct negotiations, or an applicable administrative process.
Whether settlement makes sense depends on the facts, available evidence, potential damages, legal defenses, business considerations, and the employer’s objectives.
Settlement should be evaluated carefully rather than simply treated as an admission of wrongdoing or an automatic alternative to defending the claim.
Should an Employer Hire an EEOC or Human Rights Lawyer?
An employer should consider hiring an EEOC, NYSDHR, or NYC human rights lawyer when a complaint involves substantial potential liability, complex factual issues, senior employees, retaliation, sexual harassment, disability accommodation, multiple allegations, or significant document requests.
Employment counsel can assist with investigating the facts, preserving evidence, preparing an EEOC position statement, responding to an EEOC RFI, preparing NYSDHR or CCHR submissions, communicating with agency personnel, participating in mediation, and evaluating settlement or litigation strategies.
Can Nassau and Suffolk County Employers Face EEOC or NYSDHR Investigations?
Nassau County and Suffolk County employers can face EEOC and NYSDHR investigations involving alleged employment discrimination, harassment, retaliation, failure to accommodate, and other workplace claims.
The Law Office of Joseph Kilada represents employers throughout Nassau County, Suffolk County, and Long Island, as well as throughout New York City.
Can New York City Employers Face CCHR Investigations?
New York City employers can face CCHR investigations concerning alleged violations of the New York City Human Rights Law.
Employers in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island may also face overlapping federal and New York State employment discrimination proceedings depending on the facts of a particular matter.
How Should an Employer Respond to an EEOC, NYSDHR, or CCHR Investigation?
An employer responding to an EEOC, NYSDHR, or CCHR investigation should first understand the allegations, identify applicable deadlines, preserve relevant evidence, investigate the underlying facts, and prepare a response supported by appropriate documentation.
The Law Office of Joseph Kilada represents employers in employment discrimination investigations and administrative proceedings throughout New York City and Long Island, including the five boroughs, Nassau County, and Suffolk County.
If your company has received an EEOC charge, EEOC Request for Information, NYSDHR complaint, CCHR complaint, document request, or other agency communication, prompt legal review can help your business understand the allegations and evaluate its response options.
Contact the Law Office of Joseph Kilada to discuss your employment discrimination investigation or administrative complaint.
This fact sheet provides general information and is not legal advice. Employment discrimination laws and administrative procedures can change, and the facts of every matter are different. Contacting the firm or reviewing this website does not create an attorney-client relationship.