At the hiring stage
Discrimination law covers job postings, interviews, and selection, not only treatment after someone starts. New York bars employers from asking about salary history, and New York City generally limits questions about criminal history until after a conditional offer, with a required process before an offer can be withdrawn for that reason. New York City also regulates automated tools used to screen candidates, requiring a bias audit and notice to applicants. Questions about pregnancy, family plans, age, or national origin are risky for employers even when asked casually. An applicant often sees only the rejection, so whatever was said or written during the process becomes important.
How agency charges proceed
Many discrimination claims start with a charge at the EEOC, the New York State Division of Human Rights, or the New York City Commission on Human Rights. Filing with one agency can be shared with another, but filing with a state or city agency can in some cases close off a later lawsuit on the same claim, so the order of steps matters. The employer is usually asked to submit a written response, sometimes called a position statement, and the employee may be able to reply. Agencies may offer mediation, investigate, or issue a determination, and federal claims generally need a notice of the right to sue before they reach court. Filing windows differ among the agencies and are shorter than many people expect.
From either side of the charge
Employees should bring the job posting, application materials, messages with recruiters or managers, any rejection or termination notice, and names of others involved. Employers responding to a charge should preserve records right away, including applicant data and screening criteria, and avoid any step against the person that could look like retaliation. A position statement is often read again later in litigation, so accuracy matters more than speed. We review what happened, which agency or court route is involved, and what the first written response should cover.
