Key points
- The New York State Division of Human Rights says that reporting discrimination and filing a complaint are free and that you do not need an attorney to do either.[1]
- An individual may prosecute or defend a civil action in the New York State courts in person or by attorney, and federal law lets parties conduct their own cases in federal court personally or by counsel.[2][3]
- A corporation or voluntary association that is a party to a civil action in the New York State courts appears by attorney, with exceptions the rule lists for certain lower-court proceedings.[2]
- Division of Human Rights investigators are neutral fact-finders who represent New York State; they are not advocates for either side and cannot give legal advice.[1]
- State law directs the Division of Human Rights to run a toll-free confidential hotline for workplace sexual harassment complaints and to recruit attorneys to give callers pro bono assistance; those attorneys may not solicit further representation of the callers they advise.[4]
You can start a workplace discrimination, harassment or retaliation claim in New York without a lawyer. The New York State Division of Human Rights says that reporting discrimination and filing a complaint are free and that you do not need an attorney.[1] An individual may also sue or defend in the New York State courts in person, and federal law lets parties conduct their own cases in federal court.[2][3] Whether to get advice or representation anyway is a separate decision. This page sets out what the rules say, what a representative actually does at each stage, and the free help that exists.
Is a lawyer required in each place a claim can go?
A New York worker's claim can go to the U.S. Equal Employment Opportunity Commission (EEOC) under federal law, to the State Division of Human Rights under the New York State Human Rights Law (NYSHRL), to the NYC Commission on Human Rights under the New York City Human Rights Law (NYCHRL), or to State or federal court.[5] The rules on representation differ by forum.
| Forum and layer of law | What the sources say about starting on your own |
|---|---|
| Division of Human Rights (New York State) | The Division says you do not need an attorney to submit a report or file a complaint, and that doing so is free. The NYSHRL lets a person file a complaint personally or through an attorney.[1][6] |
| NYC Commission on Human Rights (New York City) | A person reports discrimination or schedules an intake appointment by calling 311 or (212) 416-0197, or through the online report form, and Commission services are free. An attorney may instead file a verified complaint for a client by mail.[7][8][9] |
| EEOC (federal) | A person submits an online inquiry through the EEOC Public Portal and schedules an intake interview; the charge that follows is a signed statement.[10] The EEOC says a party does not have to bring an attorney to its mediation, though either party may choose to.[11] |
| New York State courts | A party may prosecute or defend a civil action in person or by attorney, except that a corporation or voluntary association appears by attorney, with listed lower-court exceptions.[2] |
| Federal courts | Parties may plead and conduct their own cases personally or by counsel, as the rules of those courts permit.[3] |
The comparison of the four forums covers cost, timing and remedies in each.
What will the agency do for you, and what will it not do?
At the State Division of Human Rights, the agency itself drafts the formal complaint from your report and sends it to you to review, sign and return.[12] After that it sends the complaint to the respondents, asks for a written response, shares that response with you for a written rebuttal, and assigns an investigator.[13] The process is described step by step in the guide to filing with the Division of Human Rights.
The Division does not act for either side. Division investigators are neutral fact-finders who represent New York State, are not advocates for either party, and cannot give legal advice.[1] If the Division finds probable cause, the case goes to a public hearing that the Division describes as similar to a court trial, conducted by an Administrative Law Judge, where both sides present evidence.[14][15]
At the federal level, the EEOC usually asks the employer for a written position statement and asks the person who filed the charge to respond to it within 30 days.[16] Writing that rebuttal is the person's own task unless someone is helping.
What does representation involve?
Representation does not change the law that applies; it changes who does the work. This page groups that work under four headings.
- Choosing where to file. Under the NYSHRL and the NYCHRL, a person who has filed a complaint with the State Division or the City Commission generally cannot then sue in court on the same State or City claim; each statute lists its own exceptions for certain agency dismissals.[17][18][19] See election of remedies.
- Tracking several clocks at once. A federal Title VII charge has a 180-day deadline, which the EEOC says is extended to 300 days where a state or local agency enforces a law prohibiting the same discrimination.[20][21] A complaint to the City Commission is due within one year (three years for gender-based harassment), and a complaint to the State Division within three years.[22][23] The deadlines table lists them all.
- Running the procedure. A court case moves from a filed complaint through the exchange of evidence and, often, a motion for summary judgment before any trial.[24] The stages of an employment lawsuit are explained separately.
- Advising on settlement. The decision itself stays with the client: New York's Statement of Client's Rights says a client is entitled to have the lawyer respect the client's objectives, including whether or not to settle.[25]
None of this predicts how a claim will turn out, with or without a representative.
Which procedural rules are easy to miss?
The points below are procedural rules. They are not a ranking of how often each one causes a problem.
- Treating a first contact as a filing. A discrimination report to the State Division is not yet an official complaint.[12] The City Commission says its online form is not an official complaint and that the limitations period does not stop until a verified complaint is signed, notarized, and mailed or delivered.[7] An EEOC online inquiry is different from filing a charge.[10]
- Assuming one filing covers every law. The City Commission says it no longer automatically cross-files employment discrimination claims with the EEOC.[26]
- Public employers. Under New York State law, a claim against a school district calls for a written verified claim within three months and a lawsuit within one year.[27][28] See notice of claim rules for public employees.
- Papers already signed. In March 2025 a New York State appellate court (the Appellate Division, Second Department) enforced a six-month limitations clause in an electronically signed job application and dismissed an action for employment discrimination and wrongful termination as late.[29] Separately, the NYCHRL makes void any employment-agreement provision that shortens the time to file with the City Commission or to sue under the City law.[30] See contracts that shorten the time to sue.
What free and low-cost help exists?
Several official and nonprofit sources help workers at no charge or for a small fee. Each has its own limits.
- Division of Human Rights Call Center, (844) 697-3471. A Call Center agent asks about what happened and submits a discrimination report for you.[31]
- State workplace sexual harassment hotline. State law directs the Division to run a toll-free confidential hotline during regular business hours and to recruit experienced attorneys to give pro bono assistance and counsel to callers.[4] The State's FAQ for workers says the Division, at 844-697-3471, can give information on reporting sexual harassment and a referral to a volunteer attorney for limited free assistance and counsel over the phone.[32] The State's 2023 model policy prints a different number, 1 (800) HARASS3, for the same referral.[33]
- Legal Services NYC, 917-661-4500. Free legal advice, referrals and representation for low-income workers, Monday to Friday, 9:30 a.m. to 4 p.m., subject to capacity and location.[34]
- The Legal Aid Society, Employment Law Unit. Assists individuals, typically low-wage and unemployed workers; it says most of its cases involve wage violations, workplace discrimination, leave, unemployment insurance and labor trafficking.[35]
- New York City Bar Legal Referral Service, 212-626-7373. The service said, as of October 5, 2026, that it refers callers to screened lawyers and that initial consultations are $35 or free, depending on the type of case, and last up to 30 minutes.[36]
- LawHelpNY. A statewide website for searching free legal services, with topics that include employment and workers' rights.[37]
- New York Attorney General, 1-800-771-7755. The office says it investigates complaints about discrimination and harassment, among other workplace issues, and acts on behalf of affected employees when it finds a violation.[38]
Agency mediation is also free: the EEOC says there is no charge to either party to attend its mediation, and the NYC Commission on Human Rights says its mediation office provides mediation at no cost.[39][40] A fuller list is in the guide to free and low-cost legal help.
What protections apply if you talk to a lawyer?
New York's professional rules apply from the first conversation. A person who consults a lawyer about possibly forming a client-lawyer relationship is a prospective client, and even if no relationship follows, the lawyer may not use or reveal what was learned except as the rules would permit for a former client.[41] A client is entitled to be charged a reasonable fee, to have the lawyer explain at the outset how the fee will be computed, and to refuse a fee arrangement the client finds unsatisfactory.[25] The guides on how employment lawyers charge and preparing for a consultation go further.
Three statutes address who pays attorney's fees. Under the NYSHRL, a court or the Commissioner may, in its discretion, award reasonable attorney's fees to a prevailing or substantially prevailing party.[42] Under the NYCHRL, a court may, in its discretion, award the prevailing party reasonable attorney's fees, expert fees and other costs.[43] Under federal Title VII, a court may, in its discretion, allow the prevailing party a reasonable attorney's fee.[44] Each of these awards is discretionary. See attorney's fees in New York employment cases.
What people commonly get wrong
- "The agency is my advocate." The State Division's investigators represent New York State and cannot give legal advice to any party.[1]
- "The hotline lawyer will take my case." Attorneys who advise callers through the State sexual harassment hotline may not solicit further representation of those callers about the complaint discussed.[4]
- "The owner can always speak for the company in court." In the New York State courts, a corporation appears by attorney, apart from listed lower-court exceptions.[2]
Common questions
Can I file with the New York State Division of Human Rights by myself?
Yes. The Division says reporting discrimination is free and that you do not need an attorney to submit a report or file a complaint.[1] You start by calling the Division's Call Center at (844) 697-3471 or by completing its online Discrimination Reporting Form.[31] The report is not yet an official complaint: the Division reviews it and, if the matter is covered, prepares a formal complaint for you to review, sign and return.[12]
Will the agency investigator act as my lawyer?
No. The State Division of Human Rights describes its investigators as neutral fact-finders who represent New York State, are not advocates for either side of a complaint and cannot give legal advice to any party.[1] The investigator's job is to gather the facts: the Division says an investigator may interview the parties and witnesses, request documents and visit locations.[13]
Can a person go to court without a lawyer in a New York employment case?
The rules allow it for an individual. In the New York State courts a party may prosecute or defend a civil action in person or by attorney.[2] In federal court, parties may plead and conduct their own cases personally or by counsel.[3] These rules say who may appear; they do not make the procedure simpler. A court case still moves through pleadings, the exchange of evidence, a possible summary judgment motion and trial.[24]
Does a small business need a lawyer when an employee sues?
It depends on how the business is set up and where the case is. In a civil action in the New York State courts, a corporation or voluntary association appears by attorney, apart from exceptions the rule lists for certain lower-court proceedings.[2] That rule is about court actions. At the State Division of Human Rights, the agency sends the complaint to the respondent and asks for a written response.[13]
Is there free legal help for workers in New York?
Yes, within limits. Legal Services NYC says it gives free legal advice, referrals and representation to low-income workers, subject to capacity and location, through its intake line at 917-661-4500.[34] The Legal Aid Society's Employment Law Unit assists individuals, typically low-wage and unemployed workers, with employment law problems.[35] LawHelpNY is a website for searching free legal services across New York State.[37]
Can a lawyer help with only part of my case?
In the New York State courts, yes. An attorney may appear on behalf of a party in a civil action or proceeding for limited purposes, by filing a signed notice of limited scope appearance that defines the purposes for which the attorney is appearing.[45] Outside court, the State's FAQ on workplace sexual harassment says the Division of Human Rights, at 844-697-3471, can refer a caller to a volunteer attorney for limited free assistance and counsel over the phone.[32]
Sources
- N.Y.S. Division of Human Rights, "Report Discrimination" — New York State Division of Human Rights
- N.Y. C.P.L.R. 321(a) — New York State Senate, Laws of New York
- 28 U.S.C. § 1654 — Legal Information Institute, Cornell Law School
- N.Y. Exec. Law § 295(18) — New York State Senate, Laws of New York
- 42 U.S.C. § 2000e-5(e)(1), (f)(1); N.Y. Exec. Law § 297(1), (9); N.Y.C. Admin. Code §§ 8-109(a), 8-502(a); 28 U.S.C. § 1367(a) — New York State Senate, Laws of New York
- N.Y. Exec. Law § 297(1) — New York State Senate, Laws of New York
- NYC Commission on Human Rights, "Contact Us"; "Report Discrimination" (pages read Oct. 5, 2026) — New York City Commission on Human Rights
- NYC Commission on Human Rights, "Complaint Process"; "Contact Us" — New York City Commission on Human Rights
- NYC Commission on Human Rights, "Complaint Process" — New York City Commission on Human Rights
- EEOC, "EEOC Public Portal" (page read Oct. 5, 2026) — U.S. Equal Employment Opportunity Commission
- EEOC, "Mediation" (page read Oct. 5, 2026) — U.S. Equal Employment Opportunity Commission
- N.Y.S. Division of Human Rights, "Report Discrimination" and "What To Expect" — New York State Division of Human Rights
- N.Y.S. Division of Human Rights, "What To Expect", Steps 2-3 — New York State Division of Human Rights
- N.Y.S. Division of Human Rights, "What To Expect", Step 4; N.Y. Exec. Law § 298 — New York State Division of Human Rights
- N.Y.S. Division of Human Rights, "Public Hearings"; N.Y. Exec. Law § 297(4)(a) — New York State Division of Human Rights
- EEOC, "What You Can Expect After You File a Charge" (read 5 Oct 2026) — U.S. Equal Employment Opportunity Commission
- N.Y. Exec. Law § 297(9); N.Y.C. Admin. Code § 8-502(a)-(b) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-502(a). — New York City Commission on Human Rights
- N.Y.C. Admin. Code § 8-502(b). — New York City Commission on Human Rights
- 42 U.S.C. § 2000e-5(e)(1) — Legal Information Institute, Cornell Law School
- EEOC, "Time Limits For Filing A Charge" — U.S. Equal Employment Opportunity Commission
- N.Y.C. Admin. Code § 8-109(e) — New York City Commission on Human Rights
- N.Y. Exec. Law § 297(5) — New York State Senate, Laws of New York
- N.Y. C.P.L.R. 3101(a), 3212(a)-(b); Fed. R. Civ. P. 26(b)(1), 56(a) — New York State Senate, Laws of New York
- 22 NYCRR § 1210.1 — Legal Information Institute, Cornell Law School
- NYC Commission on Human Rights, "Complaint Process" — "Note about CCHR & EEOC Dual Filing" (page read Oct. 5, 2026) — New York City Commission on Human Rights
- N.Y. Educ. Law § 3813(1); Matter of Amorosi v. South Colonie Ind. Cent. School Dist., 9 N.Y.3d 367, 370-371 (2007) — New York State Senate, Laws of New York
- N.Y. Educ. Law § 3813(2-b); Matter of Amorosi v. South Colonie Ind. Cent. School Dist., 9 N.Y.3d 367, 369 (2007) — New York State Senate, Laws of New York
- N.Y. C.P.L.R. 201; Salati v. Northwell Health, 236 A.D.3d 951 (2d Dep't 2025) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code §§ 8-109(e-1), 8-502(d-1) — New York City Commission on Human Rights
- N.Y.S. Division of Human Rights, "Report Discrimination" (dhr.ny.gov/report) — New York State Division of Human Rights
- NYS, *Combating Workplace Sexual Harassment FAQs*, For Workers, Q6 — State of New York
- NYS Model Sexual Harassment Prevention Policy (2023 version), p. 10 — State of New York
- Legal Services NYC, "Workers' Rights" (page read Oct. 5, 2026) — legalservicesnyc.org
- The Legal Aid Society, "Employment Law Unit" (page read Oct. 5, 2026) — legalaidnyc.org
- New York City Bar Association, "Get Legal Help" (page read Oct. 5, 2026) — nycbar.org
- LawHelpNY home page (read Oct. 5, 2026) — lawhelpny.org
- N.Y.S. Office of the Attorney General, "Workers' rights"; "Civil Rights Bureau"; "Labor Bureau" (pages read Oct. 5, 2026) — New York State Office of the Attorney General
- EEOC, "Mediation" — U.S. Equal Employment Opportunity Commission
- NYC Commission on Human Rights, Annual Report Fiscal Year 2025, "Office of Mediation and Conflict Resolution" — City of New York
- N.Y. Rules of Professional Conduct, Rule 1.18(a)-(b) — Legal Information Institute, Cornell Law School
- N.Y. Exec. Law § 297(10) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-502(g). — New York City Commission on Human Rights
- 42 U.S.C. § 2000e-5(k) — Legal Information Institute, Cornell Law School
- N.Y. C.P.L.R. 321(d)(1) — New York State Senate, Laws of New York