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Please Know You Do Not Have To File With The New York State Division of Human Rights In Order to Sue in State Court

Please know that if you believe you are being discriminated against in the workplace here in New York State, that you do not have to file a charge of discrimination with the New York State Division of Human Rights.  

There is no requirment that you do this.  

It is known as an election of remedies, meaning you can choose to do this.  

Simply stated, if you beleive you are being discriminated against and you want to sue your employer under New York State Law, you can go right into State Court.  You do not need to file a charge of dsicrimination against your employer with the New York State Divsion of Humand Rights.  

And be furhter advised that if you do file with the New York State Division of Human Rights, and they issue a determination of no probable cause against you, meaning they did not find that you were discriminated against, absent a successful appeal to the New York State Supreme Court to overturn the detemination against you, you have now lost all you State causes of action and cannot sue in State court for the same State Causes of discrimination that you filed with New York State Divsion of Human Rights.  

However, if you would like to bring a Federal Cause of Action against your employer for discrimination in the work place, you must first file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC).  This IS a requirment and and Adminstrative Remedy.

So just be aware of this.  Its very important to understand your election of remedies.

Scott

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