If you’ve been discriminated against at work, you’re not just dealing with a personal setback—you’re facing a legal issue. But what comes next? Do you file a complaint with your employer, go straight to court, or reach out to a government agency?
That’s where two key players come in: the Equal Employment Opportunity Commission (EEOC) and the New York City Commission on Human Rights (NYCCHR). While they both enforce anti-discrimination laws, they operate differently and serve distinct roles in helping people seek justice.
Understanding who does what—and when you should involve them—can help you protect your rights and build a stronger case.
What Is the EEOC?
The EEOC is a federal agency that enforces civil rights laws related to employment. It covers claims involving:
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation, and gender identity)
- National origin
- Age (40 and over)
- Disability
- Genetic information
Before you can bring a discrimination lawsuit under Title VII of the Civil Rights Act, you usually need to file a complaint—called a Charge of Discrimination—with the EEOC first. This step is known as exhausting your administrative remedies, and it’s required under federal law.
What Is the NYC Commission on Human Rights?
The NYC Commission on Human Rights is the local agency responsible for enforcing the New York City Human Rights Law (NYCHRL)—one of the most comprehensive anti-discrimination laws in the country.
The NYCHRL applies to employers with four or more employees, and it covers all the same categories as federal law, plus a few more, including:
- Citizenship or immigration status
- Marital or partnership status
- Status as a caregiver
- Victim of domestic violence, stalking, or sex offenses
Unlike the EEOC, filing with the NYCCHR is not a prerequisite to filing a lawsuit under city law, but it is one option for resolving your complaint.
Key Differences Between the Two
| Feature | EEOC | NYC Commission on Human Rights |
| Jurisdiction | Federal (entire U.S.) | Local (NYC only) |
| Laws Enforced | Title VII, ADA, ADEA, GINA | NYC Human Rights Law |
| Employer Size Threshold | 15+ employees (min ost cases) | 4+ employees |
| Time Limit to File | 300 days (in NY) | 1 year |
| Mandatory Before Lawsuit? | Yes, for federal claims | No, for the city claims |
| Additional Protections | No | Yes—broader categories and standards |
How the EEOC Process Works
If you’re pursuing a federal claim, here’s what to expect:
- Filing a Charge: You file a formal complaint online or at a local EEOC office.
- Employer Notification: The EEOC notifies your employer and may offer mediation.
- Investigation: The EEOC investigates by reviewing documents, interviewing witnesses, and evaluating evidence.
- Finding: If the EEOC finds evidence of discrimination, it may attempt to resolve the issue or file a lawsuit.
- Right to Sue Letter: If no resolution is reached, they issue a letter allowing you to file your lawsuit in federal court.
Keep in mind that the EEOC handles thousands of complaints each year. While they do pursue some high-impact cases, many complaints end in a right-to-sue letter.
How the NYCCHR Process Works
Filing with the NYCCHR can be a more flexible and responsive option for NYC workers. The process includes:
- Intake Interview: You speak with a representative who helps draft your complaint.
- Mediation Opportunity: Some cases are referred to the Office of Mediation for resolution.
- Investigation and Determination: The Commission gathers evidence, interviews witnesses, and evaluates the case.
- Hearing or Settlement: If probable cause is found, the case moves to a hearing or is resolved through conciliation.
One significant advantage of filing with NYCCHR is that you’re protected under the city’s broader legal standards. For example, you don’t need to prove that harassment was “severe or pervasive”—you only need to show that you were treated less well because of a protected status.
Can You File with Both?
Yes, but there are rules. NYC is what’s called a “dual filing” jurisdiction, meaning that a complaint filed with one agency can be automatically cross-filed with the other, if it’s within the correct time window
That said, you can’t pursue the same claim in both systems at once. So, once you choose a forum (e.g., EEOC or NYCCHR), you’re typically committed to that process.
Choosing the right path depends on the facts of your case, the type of evidence you have, and your goals—whether that’s policy change, financial recovery, or a public ruling.
Know Where to Turn
Government agencies like the EEOC and the NYC Commission on Human Rights exist to protect workers, but navigating them can be overwhelming, especially if you’re already dealing with a stressful work situation.
At Lipsky Lowe LLP, we help employees in NYC determine the most suitable path, gather the necessary evidence, and advocate for fair outcomes, whether through government agencies or the courts. If you’re unsure where to start, we’re here to help. Contact us today.
About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.
