Key points
- A federal Title VII or ADA lawsuit comes after an EEOC charge, while New York State and New York City Human Rights Law claims can be filed directly in court with no agency filing first.[1]
- In the New York State courts an action is commenced by filing a summons and complaint, or a summons with notice, with the clerk.[2]
- After the complaint, the parties exchange evidence, and either side may then ask the judge for summary judgment, which is judgment without a trial.[3]
- In federal court a party seeking compensatory or punitive damages under Title VII or the ADA may demand a jury, in writing, no later than 14 days after the last pleading directed to the issue is served.[4]
- Official court statistics for the 12 months ending June 30, 2026, put the median time from filing to disposition of all civil cases at 6.3 months in the Southern District of New York and 7.3 months in the Eastern District; the figures are not limited to employment cases.[5]
An employment lawsuit in New York moves through the same defined stages in State and federal court: a filed complaint, the exchange of evidence, a possible motion for summary judgment, and, for the cases that remain, a trial.[3] What differs is what has to happen before the complaint. A federal Title VII or ADA claim needs an EEOC charge first, while claims under the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) can go straight to court.[1] This page describes each stage and gives the official statistics on how long federal civil cases have taken, without predicting any case.
What are the stages at a glance?
| Stage | What happens |
|---|---|
| 1. Before suit | Federal Title VII and ADA claims: an EEOC charge, then a notice of right to sue. State and City claims: no agency step is needed before court.[1][6] |
| 2. Complaint | In the New York State courts the action is commenced by filing a summons and complaint, or a summons with notice, with the clerk.[2] |
| 3. Challenge to the complaint | In the federal courts of the Second Circuit, which include those in New York, a Title VII discrimination plaintiff facing a motion to dismiss must plausibly allege an adverse action and that a protected characteristic was a motivating factor.[7] |
| 4. Discovery (called disclosure in the New York State courts) | The parties exchange evidence under the State "material and necessary" standard or the federal "relevant and proportional" standard.[3] |
| 5. Summary judgment | Either side may ask the judge for judgment without a trial.[3] |
| 6. Trial | Cases that survive go to trial, before a jury where the rules give a right to one and it has not been waived.[3][4] |
What has to happen before a lawsuit is filed?
Federal claims. A charge is a signed statement asserting that an organization engaged in employment discrimination, and the laws the EEOC enforces, except the Equal Pay Act, require one before a lawsuit.[8] The EEOC's New York District Office says a person has 300 days from the date of the alleged harm to file a charge.[9][10] Under Title VII, a civil action may be brought within 90 days after the EEOC gives its notice of right to sue.[6] Once 180 days have passed since the charge was filed, a person who asks in writing is entitled to the notice.[11] See the EEOC right-to-sue notice and the 90 days.
State and City claims. A person may file NYSHRL and NYCHRL claims directly in New York State Supreme Court, or attach them to federal claims in federal district court under supplemental jurisdiction.[1] A court action under the NYSHRL is governed by a three-year limitations period, and a civil action under the NYCHRL must be commenced within three years after the alleged unlawful discriminatory practice.[12][13] Filing a complaint with the State Division or the City Commission instead generally bars a court suit on the same State or City claim.[14] See election of remedies and suing in court.
Two things can change this picture before it starts. Under the Federal Arbitration Act, a written arbitration agreement is enforceable except on grounds that would revoke any contract or as provided in the Act's chapter 4, which covers sexual harassment and sexual assault disputes.[15] And under New York State law, a suit against a school district needs a written verified claim presented within three months after the claim accrued and must be commenced within one year.[16][17]
How does the case begin?
The complaint is the document that states the claims. In the New York State courts, filing it with the clerk commences the action, and for limitations purposes the claim is interposed when the action is commenced.[2] A plaintiff who sues under the NYCHRL has an added step: within 10 days after starting the action, the plaintiff must serve a copy of the complaint on the designated representatives of the NYC Commission on Human Rights and the Corporation Counsel.[13]
The employer then responds. One response is a motion to dismiss, which challenges the complaint itself before evidence is exchanged. In federal court, an employment discrimination complaint need not plead the facts of a prima facie case, which is an evidentiary standard and not a pleading requirement.[18] In the Second Circuit, absent direct evidence, the alleged facts need only give plausible support to a minimal inference of discriminatory motivation.[7]
What happens in discovery?
Discovery is the stage at which each side obtains evidence from the other. In the New York State courts the rule is "full disclosure of all matter material and necessary" to the action; in federal court a party may obtain discovery of "any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case."[3] In practice the parties trade written questions and documents and take depositions, which are recorded question-and-answer sessions with parties and witnesses. Deposition testimony is among the proof the court rules name for a later summary judgment motion.[19][20]
Destroying evidence can bring sanctions. In the New York State courts, a party seeking sanctions for the destruction of evidence must show that the party in control of it had an obligation to preserve it, destroyed it with a culpable state of mind, and that it was relevant to the claim or defense.[21] See documenting workplace harassment.
What is summary judgment?
Summary judgment is a request that the judge decide the case, or part of it, on the written record. In federal court the motion is granted only if the moving party shows there is no genuine dispute as to any material fact and that it is entitled to judgment as a matter of law. In the New York State courts the motion is denied if any party shows facts sufficient to require a trial of any issue of fact.[3]
Timing is set by rule. In federal court, unless a local rule or court order says otherwise, the motion may be filed at any time until 30 days after the close of all discovery.[20] In the New York State courts, if the court sets no date, the motion must be made no later than 120 days after the filing of the note of issue, except with leave of court on good cause shown.[19] How the standards apply to discrimination claims under each layer of law is covered in summary judgment in employment discrimination cases.
What does trial involve?
A trial decides the disputed facts. In the New York State courts, issues of fact are tried by a jury, unless a jury is waived, in an action in which a party seeks a judgment for a sum of money only.[4] In federal court a party seeking compensatory or punitive damages under Title VII or the ADA may demand a jury, and the court does not tell the jury about the statutory limits on those damages.[4] The federal demand must be served in writing no later than 14 days after the last pleading directed to the issue is served.[4]
How the evidence is weighed is explained in how discrimination is proved. What a court can award is covered in damages in New York employment cases. After a verdict in the New York State courts, interest is recovered on the total sum awarded from the date of the verdict or decision to the entry of final judgment.[22] Under the NYSHRL, the court may also, in its discretion, award reasonable attorney's fees to a prevailing or substantially prevailing party.[23]
How long do the stages take?
The official duration figures given here come from the Administrative Office of the U.S. Courts, and they measure all federal civil cases, not employment cases. For civil cases terminated in the 12 months ending June 30, 2026:[5]
| Federal district | Median months, filing to disposition, all terminated civil cases | Median months for cases disposed of during trial |
|---|---|---|
| Southern District of New York | 6.3 (8,922 cases)[5] | 41.7 (77 cases)[5] |
| Eastern District of New York | 7.3 (6,599 cases)[5] | 51.8 (49 cases)[5] |
| All federal districts | 6.9 (211,060 cases)[5] | 31.1 (1,370 cases)[5] |
A median is the midpoint of past cases, so half took longer, and in both New York districts fewer than 1 in 100 of the terminated cases were disposed of during trial.[5] These figures do not predict the length of any particular case. No comparable official figure for the New York State courts is given here. For the agency route, the NYC Commission on Human Rights reported that in its fiscal year 2025 the average time filed complaints were pending while moving to a final resolution was 1,029 days.[24]
Can a case end before trial?
Yes, at any stage: by dismissal, by summary judgment or by agreement. Before a federal suit even starts, the EEOC may invite both sides to mediate, which is voluntary and free.[25] Whether to accept a settlement is the client's decision under New York's Statement of Client's Rights.[26] See mediation in employment cases.
If a federal court dismisses the federal claims and declines to keep the State and City claims, those claims are not automatically lost. Their limitations period is tolled while they were pending in federal court and for 30 days after dismissal, unless State law provides a longer tolling period.[27] See tolling and exceptions.
What people commonly get wrong
- "I can try the agency first and sue later." Filing with the State Division or the City Commission is generally an election that bars a court suit on the same State or City claim.[14]
Common questions
Do I have to go to an agency before I can sue?
It depends on the law you rely on. Federal law requires a charge with the EEOC before suing under Title VII, the ADA or the ADEA. Claims under the New York State Human Rights Law and the New York City Human Rights Law can be filed directly in court, with no agency filing first.[1] Under those two laws, filing a complaint with the State Division or the City Commission generally bars a later court suit on the same State or City claim.[14]
How long does an employment lawsuit take in New York?
No official figure measures employment cases alone. For all civil cases terminated in the 12 months ending June 30, 2026, the median time from filing to disposition was 6.3 months in the Southern District of New York and 7.3 months in the Eastern District. For the cases disposed of during trial, the median from filing was 41.7 months in the Southern District and 51.8 months in the Eastern District.[5] These medians describe past cases of every civil type and do not predict any one case.
What is discovery?
It is the stage at which each side obtains evidence from the other. In the New York State courts the standard is full disclosure of all matter material and necessary to the case. In federal court, parties may obtain discovery of any nonprivileged matter that is relevant to a party's claim or defense and proportional to the needs of the case.[3]
Will my case be decided by a jury?
Possibly. In the New York State courts, issues of fact are tried by a jury, unless a jury is waived, in an action in which a party seeks a judgment for a sum of money only. In federal court, a party seeking compensatory or punitive damages under Title VII or the ADA may demand a jury.[4] A hearing at the State Division of Human Rights is conducted by an Administrative Law Judge.[28]
What happens to my State and City claims if the federal court dismisses them?
A federal statute addresses this. When a federal court dismisses State-law claims it was hearing under supplemental jurisdiction, the limitations period for those claims is tolled while they were pending in federal court and for 30 days after the dismissal, unless State law provides a longer tolling period. The U.S. Supreme Court has held that "tolled" means the clock stops.[27]
Who decides whether a lawsuit settles?
The parties do. For anyone represented by a New York lawyer, the State's Statement of Client's Rights says a client is entitled to have the client's objectives respected by the attorney, including whether or not to settle the matter.[26] Settlement is not confined to one stage; at the State Division of Human Rights, for example, a complaint can be settled at any point after it is filed if both sides agree and the Division approves.[29]
Sources
- 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. C.P.L.R. 304(a), 203(a), 203(c) — 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
- N.Y. C.P.L.R. 4101; 42 U.S.C. § 1981a(c); Fed. R. Civ. P. 38(a)-(b) — New York State Senate, Laws of New York
- Administrative Office of the U.S. Courts, Statistical Tables for the Federal Judiciary (June 30, 2026), Table C-5, "U.S. District Courts–Median Time Intervals From Filing to Disposition of Civil Cases Terminated, by District and Method of Disposition" — uscourts.gov
- 42 U.S.C. § 2000e-5(f)(1) — Legal Information Institute, Cornell Law School
- Vega v. Hempstead Union Free School District, 801 F.3d 72, 86–87 (2d Cir. 2015); Littlejohn v. City of New York, 795 F.3d 297, 311 (2d Cir. 2015) — CourtListener, Free Law Project
- EEOC, "EEOC Public Portal" (page read Oct. 5, 2026) — U.S. Equal Employment Opportunity Commission
- EEOC, New York District Office, "Timeliness" (read 5 Oct 2026) — U.S. Equal Employment Opportunity Commission
- 42 U.S.C. § 2000e-5(e)(1) — Legal Information Institute, Cornell Law School
- 29 C.F.R. § 1601.28(a)(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(c), (d), (e) — New York City Commission on Human Rights
- N.Y. Exec. Law § 297(9); N.Y.C. Admin. Code § 8-502(a)-(b) — New York State Senate, Laws of New York
- 9 U.S.C. § 2 — Legal Information Institute, Cornell Law School
- 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
- Swierkiewicz v. Sorema N. A., 534 U.S. 506, 508, 510 (2002) — Library of Congress, United States Reports
- N.Y. C.P.L.R. 3212(a), (b) — New York State Senate, Laws of New York
- Fed. R. Civ. P. 56(a), (b), (c)(1), (d) — Legal Information Institute, Cornell Law School
- Pegasus Aviation I, Inc. v. Varig Logistica S.A., 26 N.Y.3d 543, 547-548 (2015) — New York State Unified Court System
- N.Y. C.P.L.R. 5004(a), 5002 — New York State Senate, Laws of New York
- N.Y. Exec. Law § 297(10) — New York State Senate, Laws of New York
- NYC Commission on Human Rights, Annual Report Fiscal Year 2025, "Case Determinations and Resolutions" (PDF p. 24) — City of New York
- EEOC, "Mediation" — U.S. Equal Employment Opportunity Commission
- 22 NYCRR § 1210.1 — Legal Information Institute, Cornell Law School
- 28 U.S.C. § 1367(d); Artis v. District of Columbia, No. 16-460 (U.S. Jan. 22, 2018) (syllabus) — Legal Information Institute, Cornell Law School
- N.Y.S. Division of Human Rights, "Public Hearings"; N.Y. Exec. Law § 297(4)(a) — New York State Division of Human Rights
- N.Y.S. Division of Human Rights, "What To Expect", Step 5 — New York State Division of Human Rights