By: Ty Hyderally, Esq. and Kenny Delgado

April 17, 2025

Employees in the United States are subject to protections from numerous interlocking laws on the Federal and State level. Here in the New York and New Jersey area those protections work both on top of and in accordance with relevant federal laws. One of the great benefits of the laws in these States are that they have set up administrative recourse as well as legal recourse for mistreatment at the hands of employers. Below are some details to help navigate the process of seeking justice for discriminatory behavior.

When seeking justice, victims of discriminatory behavior might hesitate to act, as there is a heavy emotional and mental toll.  However, waiting might cause crucial deadlines to be missed. If you wish to pursue a claim in Federal Court, you have a set time period to file your Charge of Discrimination with the relevant agency. The time periods differ in New Jersey and in New York. In New York, the time periods are different depending on the cause of action you are pursuing.  The shortest time line to keep in mind is 180 days from the date of the adverse action.  If you miss this time period, you may be forever barred from pursuing that federal claim.  If you do file a Charge of Discrimination with the EEOC and get a Right to Sue Notice, you will have up to 90 days to file a Complaint with the Courts.

In 2019, the Supreme Court in Fort Bend County, Texas v. Davis,  found that the administrative exhaustion doctrine was not a jurisdictional requirement but rather a “claim-processing rule.”  The difference between those two designations comes down to whether or not a court would have the ability to rule on a case. Jurisdictional requirements would deprive a court of ruling on a case since it would not have jurisdiction until the matter went through the process of administrative relief. “Claim-processing rule,” on the other hand stands for the proposition that seeking administrative relief is procedural.  Thus, unless the defendant challenges the matter on a basis of failure to seek administrative relief, then that defense is waived.

While this is good news for those seeking justice from discrimination, the Court decision is far from saying that administrative relief is optional. If you are going to pursue administrative remedies first, then you should timely file with the relevant agency. The deadlines for seeking relief come quickly and the initial shock of an unjust termination might push victims to hesitate.  Generally speaking, in New York and New Jersey, you have 180 calendar days from the date of the discriminatory act/adverse employment action to file a charge with the EEOC. However, this deadline is extended to 300 calendar days, for most claims, if a state or local agency enforces a law prohibiting employment discrimination on the same basis. In New Jersey the local agency is the New Jersey Division of Civil Rights. In New York, the local agency is the New York State Division of Human Rights (“DHR”). New York City also has its own office the New York City Commission on Human Rights (“NYCCHR”).

If you have any questions regarding your rights as an employee, you should seek out an experienced attorney who concentrates in employment law. Our firm has been concentrating in employment law for over twenty-two (22) years!

 En nuestra firma hablamos español. This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice regarding your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state or jurisdiction.