Key points
- The EEOC describes dual filing this way: where a state or local agency has a worksharing agreement, a charge filed with one agency is also filed with the other, and the agency that received it usually keeps it.[1]
- The NYC Commission on Human Rights says it no longer automatically cross-files employment discrimination claims with the EEOC; its notice is marked updated April 24, 2026.[2][3]
- The State Division of Human Rights' public filing pages, as of August 2026, do not mention the EEOC or dual filing at all, so a federal filing should be confirmed and not assumed.[4]
- Under State and City law, a charge that the EEOC refers to the State or City agency is not an election of remedies; a complaint a person files directly with the Division or the Commission generally is.[5][6]
- The federal charge period in New York is 300 days, and the EEOC's regulation lets a person who started at a state or local agency present the charge to the EEOC within that time.[7][8]
"Dual filing" means that one complaint is treated as filed with two agencies, a federal one and a state or local one. The EEOC describes it as the result of worksharing agreements: where a state or local agency has such an agreement, a charge filed with that agency or with the EEOC is also filed with the other, and the agency that received it usually keeps the case.[1]
In New York, as of October 2026, the picture is less tidy. The NYC Commission on Human Rights says it no longer automatically cross-files employment claims with the EEOC, and the State Division of Human Rights' public filing pages say nothing on the subject.[2][4] This page sets out what the statutes, regulations and agency pages establish, and marks plainly what they do not.
Why dual filing exists: the federal deferral rule
The background is a rule in the federal statute. Where a state or locality has its own law against the practice and an agency that can grant relief, Title VII says no charge may be filed with the EEOC until 60 days after proceedings were commenced under the state or local law, unless those proceedings have ended sooner.[9] The EEOC's regulation describes this as the state or local agency's exclusive right to process the allegation for 60 days, a right the agency may waive for any charge or category of charges.[10]
The same statute sets the charge period: 180 days after the practice, extended to 300 days where the person has first instituted proceedings with a state or local agency that has authority to grant or seek relief.[7] New York qualifies because the EEOC's regulation lists both the New York State Division of Human Rights and the New York City Commission on Human Rights as designated fair employment practice agencies.[11] The EEOC's New York District Office states the federal period for New York as 300 days.[12]
Federal law also provides for agreements between the agencies. Title VII authorizes the EEOC to enter into written agreements with state and local agencies, which may provide that the EEOC will refrain from processing a charge in specified classes of cases, and it directs the EEOC to rescind an agreement that no longer serves effective enforcement.[13] The U.S. Supreme Court has held that a state agency's waiver of its 60-day period under a worksharing agreement terminates its proceedings so that the EEOC can act immediately.[14]
This page does not describe the terms of the worksharing agreements between the EEOC and the two New York agencies. Where this page says what "the EEOC says," it is quoting the EEOC's general, nationwide description.[1]
What each agency's own sources say
| Question | State Division of Human Rights | NYC Commission on Human Rights |
|---|---|---|
| Is it a designated fair employment practice agency in the EEOC's regulation? | Yes[11] | Yes[11] |
| Is it on the EEOC New York District Office's list of partner agencies, as read October 5, 2026? | Yes, listed as "New York State Division of Human Rights (FEPA)"[15] | No New York City agency appears on that list[15] |
| What does the agency itself say about filing with the EEOC? | Its public pages on reporting, what to expect, hearings and contact do not mention the EEOC or dual filing[4] | It "no longer automatically cross-files claims of employment discrimination with the EEOC"[2] |
| Does a complaint filed directly with the agency generally bar a court suit on the same State or City claim? | Yes, with the State law's exceptions[6] | Yes, with the City law's own exceptions[16][17] |
The EEOC's general pages use careful wording that is easy to read past. Its filing page says "EEOC and some FEPAs" have worksharing agreements, and that a person who files at a state or local agency "can let them know if you also want your charge filed with the EEOC."[18] FEPA is the EEOC's abbreviation for a state or local fair employment practices agency.[1]
If you start at the EEOC
The EEOC says that when a charge is first filed with it and state or local law also covers the charge, it dual files the charge with the state or local agency, which receives a copy, and ordinarily keeps the charge for processing.[1] Under its regulation, when a charge is deemed filed with the EEOC depends on whether the state or local agency has waived its exclusive period for that category of charge: on receipt if it has, and otherwise when 60 days have passed after deferral or the state agency ends its proceedings or waives, whichever is earliest.[19] Either way the filing is timely only if it takes effect within 300 days of the alleged violation.[19] Day 300 is therefore not a safe target in every case: where the state or local agency has not waived its exclusive period, the regulation does not treat the charge as filed with the EEOC until 60 days after deferral or until the agency ends its proceedings or waives, whichever is earliest, so a charge handed to the EEOC late in the 300 days may not count as filed in time.[19]
Starting at the EEOC does not use up the right to sue under State or City law. The New York State Human Rights Law (NYSHRL) says a complaint filed by the EEOC to comply with the federal deferral provisions "shall not constitute the filing of a complaint" for election-of-remedies purposes, and the Division's rule adds that it does not require a dismissal from the Division before the person goes to court.[20] The New York City Human Rights Law (NYCHRL) says the same of a complaint filed with a federal agency and then referred to the City Commission or the State Division.[16]
The federal claim then ends in a notice of right to sue and 90 days to file in court, while State and City court claims keep their own three-year periods.[21][22][23] See how to file an EEOC charge in New York and the right-to-sue notice and the 90 days.
If you start at the State Division of Human Rights
The State-law consequence is clear. A person who files a complaint with the Division has generally chosen the agency over a court suit on the NYSHRL claim.[24] The right to sue is kept only if the Division dismisses for administrative convenience, for untimeliness, or because the election of remedies is annulled.[24] After a no-probable-cause dismissal in an employment case there is no new lawsuit, only court review within 60 days after service of the order.[25][26] The guide to election of remedies covers this in detail.
The federal consequence is where official sources run out. Beyond the EEOC's general description quoted above, here is what they say:[1]
- The EEOC's regulation addresses a charge first presented to a state or local agency where "the charging party requests that the charge be presented to the Commission": it is deemed filed with the EEOC when 60 days have passed, or when the state agency ends its proceedings or waives its exclusive period, whichever is earliest, and it is timely if that happens within 300 days of the alleged violation.[8]
- Where the charging party made no such request, the regulation lets the person present the charge to the EEOC directly: within 300 days of the alleged violation while the state proceedings are still open, or, once they have ended, within 30 days of notice of that or within 300 days, whichever is earlier.[8]
- The Division's public pages describe its process under the State law only and, as of August 2026, do not mention the EEOC, a federal charge or dual filing.[4]
What neither the EEOC's general description nor the Division's public filing pages say is whether, in 2026, a complaint filed with the Division reaches the EEOC without the person asking. Given what the NYC Commission has announced about its own practice, treat that as an open question to settle in each case.[2]
Timing adds a second caution. The Division's intake begins with a "discrimination report," which the Division says is not yet an official complaint and may take several weeks to review before a formal complaint is prepared for signature.[27] This page does not say that a Division report counts as a federal charge, and the federal period is measured in days from the practice.[7] See how to file with the State Division of Human Rights.
If you start at the NYC Commission on Human Rights
The Commission has answered the question for itself. Its notice says it no longer automatically cross-files employment discrimination claims with the EEOC, and that a person who files at the Commission but might want to pursue the same claim in federal court should also file with the EEOC.[28] It adds that employment discrimination complaints can generally be brought in federal court only if first filed at the EEOC, and that a person unsure whether an earlier Commission complaint was also filed with the EEOC can contact the EEOC to find out.[3]
The same page says a person cannot file with the Commission after filing a discrimination complaint on the same facts with another agency, and it names the EEOC.[29] The page does not explain how that fits with its advice to file with both, so the order of filing is a question to put to the Commission at intake. A direct Commission complaint is also an election of remedies under City law.[16] See filing with the NYC Commission on Human Rights.
What dual filing does not do
- It does not lengthen the federal period. A Title VII charge in New York is due within 300 days of the practice, or 30 days after notice that the state or local agency ended its proceedings, whichever is earlier.[7]
- It does not merge the deadlines. The Division's complaint deadline is three years under State law, and the Commission's is one year, or three years for gender-based harassment, under City law.[30][31] Take State and City deadlines from the State and City statutes, not from a federal agency's web page.
- It does not undo an election of remedies. A complaint a person files directly with the Division or the Commission generally bars a court suit on the same State or City claim.[6]
Who investigates, and can the other agency review the result?
The EEOC says the agencies agree that one agency will investigate a dual-filed charge, and in its description the agency that receives the charge first usually keeps it.[32][1]
The EEOC also says that where a state or local agency has a contract with it, the charging party may ask the EEOC to review that agency's determination, but only by a written request submitted within 15 days of receiving the determination.[1] The EEOC's page does not say which agencies have such a contract.[1]
Questions to ask so you are not guessing
The reliable approach is to get answers in writing for your own file. Useful questions for whichever agency took the complaint:
- Has my complaint been sent to the other agency, and on what date?
- What is the other agency's charge or case number?
- Which agency is investigating?
- If it has not been sent, will it be, and what do I need to do to ask for that?
If the federal period is close and there is no written confirmation, the EEOC asks people with a fast-approaching filing date to call 1-800-669-4000 and request an immediate interview.[33] The deadlines table, the forum comparison and the guide to missed deadlines and tolling cover the rest.
Common questions
If I file with the State Division of Human Rights, is an EEOC charge filed for me automatically?
Neither the EEOC's general description nor the Division's public filing pages say so for the Division specifically. The EEOC's general description is that an agency with a worksharing agreement will dual file a charge covered by federal law, and it also says a person filing at a state or local agency can tell that agency they want the charge filed with the EEOC.[1][18] The Division's own public filing pages do not mention the EEOC.[4] Ask the Division in writing and keep the answer.
If I file with the EEOC, have I given up my right to sue under New York State or City law?
No. The New York State Human Rights Law says a complaint the EEOC files with the Division to satisfy federal deferral rules is not the filing of a complaint for election-of-remedies purposes, and the Division's rule adds that no dismissal from the Division is needed before going to court.[20] The New York City Human Rights Law has a matching sentence for complaints a federal agency refers to the City or State agency.[16]
Does the NYC Commission on Human Rights still dual file with the EEOC?
Not automatically, according to the Commission. Its complaint-process page says that as a result of changes made by the EEOC it no longer automatically cross-files claims of employment discrimination with the EEOC, and that a person who may want to pursue the same claim in federal court should also file a complaint with the EEOC.[2] The notice is marked updated April 24, 2026.[3]
Which agency investigates a dual-filed charge?
The EEOC says the agencies agree that one agency will investigate.[32] In its description, a state or local agency that receives a charge first will usually retain it for processing, and when a charge starts at the EEOC, the EEOC ordinarily retains it.[1] These are the EEOC's general statements for all states; this page does not describe the terms of the New York agreements.
Can the EEOC review a state agency's decision on a dual-filed charge?
The EEOC says that where a state or local agency has a contract with it, a charging party may ask the EEOC to review that agency's determination, and that it does not review decisions by non-contract agencies. The request has to be in writing, within 15 days of receipt of the determination, and should give the reason for it.[1] The EEOC's page does not say which agencies are contract agencies.
Does dual filing give me more time to file a federal charge?
No. Under Title VII the charge period in a state with its own agency is 300 days after the practice, or 30 days after notice that the state or local agency has ended its proceedings, whichever is earlier.[7] The EEOC's regulation uses the same 300 days for a charge first presented to a state or local agency.[8] State and City agency deadlines are separate and come from State and City law.[30][31]
Sources
- EEOC, "Fair Employment Practices Agencies (FEPAs) and Dual Filing" (page read Oct. 5, 2026) — U.S. Equal Employment Opportunity Commission
- NYC Commission on Human Rights, "Complaint Process — Note about CCHR & EEOC Dual Filing" (updated April 24, 2026). — New York City Commission on Human Rights
- NYC Commission on Human Rights, "Complaint Process" — "Note about CCHR & EEOC Dual Filing" (updated April 24, 2026; page read Oct. 5, 2026) — New York City Commission on Human Rights
- N.Y.S. Division of Human Rights, "Report Discrimination"; "What To Expect"; "Public Hearings"; "Contact Us" (Internet Archive captures of Aug. 3 and 13, 2026, read Oct. 5, 2026) — New York State Division of Human Rights
- N.Y. Exec. Law § 297(9); N.Y.C. Admin. Code § 8-502(a) — New York State Senate, Laws of New York
- N.Y. Exec. Law § 297(9); N.Y.C. Admin. Code § 8-502(a)-(b) — New York State Senate, Laws of New York
- 42 U.S.C. § 2000e-5(e)(1) — Legal Information Institute, Cornell Law School
- 29 C.F.R. § 1601.13(b)(1)–(2) — Legal Information Institute, Cornell Law School
- 42 U.S.C. § 2000e-5(c) — Legal Information Institute, Cornell Law School
- 29 C.F.R. § 1601.13(a)(3)(ii)–(iii) — Legal Information Institute, Cornell Law School
- 29 C.F.R. § 1601.74(a) — Legal Information Institute, Cornell Law School
- EEOC, New York District Office, "Timeliness" (read 5 Oct 2026) — U.S. Equal Employment Opportunity Commission
- 42 U.S.C. § 2000e-8(b) — Legal Information Institute, Cornell Law School
- EEOC v. Commercial Office Products Co., 486 U.S. 107, 125 (1988) (holdings quoted from syllabus at 107–08) — Library of Congress, United States Reports
- EEOC, New York District Office, "State, Local and Tribal Programs" (page read Oct. 5, 2026) — U.S. Equal Employment Opportunity Commission
- 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
- EEOC, "How to File a Charge of Employment Discrimination" (page read Oct. 5, 2026) — U.S. Equal Employment Opportunity Commission
- 29 C.F.R. § 1601.13(a)(4)(ii)(A)–(B) — Legal Information Institute, Cornell Law School
- N.Y. Exec. Law § 297(9); 9 NYCRR § 465.5(b) — New York State Senate, Laws of New York
- 42 U.S.C. § 2000e-5(f)(1) — Legal Information Institute, Cornell Law School
- N.Y. C.P.L.R. 214(2); Koerner v. State of New York, Pilgrim Psychiatric Ctr., 62 N.Y.2d 442 (1984) (stating the holding of Murphy v. American Home Products Corp., 58 N.Y.2d 293, 307 (1983)) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-502(d). — New York City Commission on Human Rights
- N.Y. Exec. Law § 297(9) — New York State Senate, Laws of New York
- N.Y. Exec. Law §§ 297(9), 298 — New York State Senate, Laws of New York
- N.Y. Exec. Law § 298 — New York State Senate, Laws of New York
- N.Y.S. Division of Human Rights, "Report Discrimination" and "What To Expect" — New York State Division of Human Rights
- 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.C. Admin. Code § 8-109(f); NYC Commission on Human Rights, "Complaint Process" (page read Oct. 5, 2026) — New York City Commission on Human Rights
- N.Y. Exec. Law § 297(5) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-109(e) — New York City Commission on Human Rights
- EEOC, "State and Local Programs" (page read Oct. 5, 2026) — U.S. Equal Employment Opportunity Commission
- EEOC, "How to File a Charge of Employment Discrimination" (read 5 Oct 2026) — U.S. Equal Employment Opportunity Commission