The usual sequence
Many cases begin with a complaint inside the company, through a manager, human resources, or a hotline, and how the employer responded often becomes a central issue. Under the main federal discrimination statutes, a charge usually has to be filed with the EEOC before a lawsuit, and the agency typically issues a right-to-sue notice. Under New York State and New York City law, you can often go directly to court or choose an agency instead, but filing with an agency can limit your ability to sue later under the same law, so that choice deserves care. If your employer used an arbitration agreement, recent federal law lets people with sexual harassment claims elect court, while other claims may still be sent to arbitration.
What keeps the record strong
Keep the original messages, emails, and photos, and save them in a way that shows dates and senders. Keep a copy of your internal complaint and every reply, including meeting invitations and investigation summaries. Your performance reviews and pay records matter, because employers often point to job performance as the reason for later decisions. Work with your lawyer on a timeline rather than writing one alone, and do not record conversations or take company documents without asking first, since rules on both differ and an employer may treat it as misconduct. If you are on leave or have resigned, keep the paperwork that explains why.
Questions for the first meeting
We look at who did what, whether the person was a supervisor or a coworker, and what the company knew and when, because the employer's responsibility often turns on those points. We check the deadlines for each possible filing, which vary between federal, state, and city law. We ask whether you have experienced retaliation since complaining, which can be a separate claim. Finally, we talk through what a lawsuit would involve, including discovery of your own records and testimony, so you can decide with a clear picture of the process.
