New York Employment Lawyer & Law Firm

Find Out If You Have a Case!

No one should have to deal with discrimination or harassment at work.  Unfortunately, employees and job seekers are routinely subjected to unlawful mistreatment by businesses and co-workers because of their sex, race, ethnicity, religion, disability, gender identity, pregnancy, sexual orientation, and other illegal reasons.  Experiencing these types of discrimination or harassment in the workplace can severely impair an individual’s ability to have a productive work career, and to provide for themselves and their families.

We understand.

As experienced New York employment lawyers, we represent and advocate for clients who have been illegally mistreated in the workplace.  We provide timely, effective, and empathetic client communication, and we tenaciously fight to protect clients against workplace injustices and seek for them the full and fair compensation to which they are entitled.

If you or a loved one has been harassed or discriminated against and need help, we invite you to call our office to schedule a free consultation with a New York employment lawyer to learn about your legal options to seek to end unjust conduct and treatment.

Our Focus on Helping Working Women

Tuckner, Sipser, Weinstock & Sipser is an employment discrimination law firm that has successfully represented workers in lawsuits against employers for decades.

We are proud to have been one of the first employment law firms in New York with a significant practice devoted to protecting the rights of working women and opposing the historically adverse and illegal treatment to which many women have been subjugated.

We have helped hundreds of women (and men) obtain full and fair compensation and a measure of justice who have been subjected to illegal workplace harassment, discrimination, and wrongful treatment, including in cases involving:

If you believe that you have been the victim of any of these practices, it will be critical to contact an experienced employment lawyer at your earliest convenience.  As an employment law firm, we can help.

What Laws Protect Workers in New York?

In New York, there are three sets of laws that potentially may be applicable – Federal law, New York’s Human Rights Law (for the state of New York), and New York City Human Rights Law (for the City of New York).  While many city, state, and federal laws overlap in terms of protections and prohibitions, each set of laws is different, as are specific steps that must be taken in order to bring a discrimination lawsuit.  As a New York City employment law firm, we represent clients under both state and federal laws, as well as violations of New York City Human Rights Law.

How Do You Determine Whether to Bring a Discrimination Case under Federal, State, or New York City Law?

First, based upon the conduct that occurred, we determine what Federal, state, or New York city laws may have been violated.  Once the applicable laws have been identified that pertains to a client’s case, we then discuss these laws with a client and determine under which set of laws a case should be brought.

Do I Have to Be an Employee to File a Complaint about Workplace Discrimination?

No. Employment discrimination and harassment often occur during the interview and hiring phase.  You may be entitled to file a lawsuit against an employer even if you were not hired if discrimination can be clearly proven.

For example, if a job candidate is not hired based on factors such as age, disability, pregnancy, or race, this is workplace discrimination.  As another example, if an employer states or suggests preferred candidates in a job advertisement that may be discriminatory against those not meeting such requirements, such as if the ads states that the employer is looking for “young employees with a lot of energy”, this may also be employment discrimination if it disfavors those in a protected class.

Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate in hiring, firing, promotion, referral, and other facets of employment based on color, race, religion, sex, or national origin.[1]  Further, the U.S. Supreme Court ruled that the Civil Rights Act also protects LGBTQ employees from being fired for their sexual orientation.  Consequently, current, former, and prospective employees may all be entitled to file employment discrimination complaints.

Do Employers Have to Pay Equal Pay for Equal Work?

Absolutely!  The Equal Pay Act of 1963 (EPA) mandates that employers pay men and women equal pay for equal work.  The positions need not be identical; however, they must be substantially equal from a job-content perspective (not based on the titles of the positions).[2]


What is the Process of Filing a Federal Discrimination Charge in New York?

Before bringing a discrimination complaint based on Federal Law, a person must first file a Charge of Discrimination with the EEOC.  A Charge of Discrimination is a signed statement asserting that an employer, union, or labor organization engaged in illegal discrimination or harassment.  Except for the Equal Pay Act, all laws enforced by the EEOC require an individual to file a Charge of Discrimination before filing a job discrimination lawsuit.[3]

The EEOC will then review the Charge of Discrimination and determine whether they wish to intervene.  If they choose not to intervene, which typically is the case, the EEOC will issue what is called a Notice of Right to Sue letter which will allow the person to proceed with a federal lawsuit.

How Long Do I Have to File a Lawsuit After Receiving a Notice of Right to Sue Letter?

You will have 90 days after receiving a Notice of Right to Sue Letter to file a lawsuit.

When Can I File an Age Discrimination Lawsuit Under Federal Law? Do I Need a Notice of Right to Sue Letter?

Unlike other Federal discrimination claims, a Notice of Right to Sue letter from the EEOC is not needed to file an age discrimination lawsuit.  Instead, a person must wait at least 60 days after filing a charge with the EEOC before filing a lawsuit, and a lawsuit must also be brought no later than 90 days after receiving a Notice of Right to Sue.

Does a Person Need to File a Charge with the EEOC for an Equal Pay Lawsuit Under Federal Law?

No.  A person does not need to file a charge with the EEOC or obtain a Notice of Right to Sue letter before filing an equal pay lawsuit under Federal law.

When Must Federal Equal Pay Lawsuits Be Brought?

Federal Equal Pay lawsuits must be brought not later than two years after the discrimination took place, or three years after such date if the discrimination was willful.


The New York Human Rights Law is a wide-ranging law that not only prohibits discrimination in employment, but also in many other contexts, including housing, credit, and places of accommodation.

Many of the discrimination practices covered under New York law are also covered under federal law, but there are some disparities in the rights and procedures set forth under New York law.

What is the Statute of Limitations for Filing a Discrimination Claim Under New York Law?

As of February 15, 2024, the statute of limitations for filing a discrimination claim under New York law is three years from the date of the wrongful conduct.

What Agency Handles State-Based Discrimination Claims in New York?

Before a discrimination claim can be brought under New York, a claim must be filed with the New York State Division of Human Rights (“DHR”).

What is the Statute of Limitations for Filing a Claim Under New York’s State Human Rights Law?

Complaints must be filed within one year of the most recent act of alleged discrimination, or (if the complaint alleges wrongful termination), one year from the date a person was first informed that they would be terminated.


In many ways, New York City Human Rights Law extends the types of discrimination protection set forth under New York state and Federal law to cover additional classifications of people and additional areas of conduct that are legally protected.  Additionally, New York City Human Rights Law extends the time period concerning which discrimination must be reported to three years from the date of the alleged discrimination.  Discrimination complaints must be filed with the New York City Commission on Human Rights Law, the agency responsible for enforcing the New York City Human Rights Law.

Dual Filing of Complaints Under New York CITY and Federal Law

If you file a complaint with the New York City Commission on Human Rights (referred to as a Fair Employment Practice Agency (FEPA)),[4] the Commission will dual file the charge with the EEOC (but will usually retain the charge for processing).  Alternatively, if a charge is filed with the EEOC, such charge will be dual filed with the state.

[1] Title VII of the Civil Rights Act of 1964, US EEOC,

[2] Equal Pay/Compensation Discrimination, US EEOC,

[3] Filing a Charge of Discrimination, US EEOC,

[4] State and Local Agencies, US EEOC,

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