EEOC Claims

EEOC Attorney in New York

Employment Discrimination Representation from Charge Filing Through Federal Court

Filing an EEOC charge is the required first step before any federal discrimination lawsuit, and how that charge is built determines what options remain open later. At Schwartz Perry & Heller LLP, we’ve represented New York employees through this process for over three decades, handling discrimination, sexual harassment, and retaliation claims from the initial charge through any subsequent litigation. Our attorneys bring over 100 years of collective experience, and our cases have been cited in court rulings that govern employment law today.

The 300-day filing window moves fast. If you’ve experienced workplace discrimination or harassment in New York, call (646) 490-0221 now or contact us online. We can evaluate your charge and explain your options at no cost.

Why Representation Matters Before You File

A charge of discrimination is not a form to fill out and submit. The facts you include, and how you frame them, shape every stage that follows. A well-prepared charge puts the case in the strongest posture for state or federal litigation if the EEOC process doesn’t resolve it. What’s left out can limit your options later.

Employers routinely respond with vague explanations or documentation that doesn’t tell the full story. We help gather supporting evidence, respond to EEOC inquiries, and identify those tactics before they gain traction. And if the EEOC closes the case without finding a violation, a Notice of Right to Sue opens the courthouse door. Civil discovery can reach evidence the EEOC never examined.

Discrimination & Harassment Claims We Handle

Federal laws enforced by the EEOC include Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act, and the Equal Pay Act, among others. We handle EEOC matters involving discrimination based on:

We also handle workplace retaliation claims, which arise when an employer takes adverse action against an employee for reporting discrimination or participating in a protected activity. Sexual harassment claims, including hostile work environment and quid pro quo harassment, are a core part of our practice.

New York City workers have broader protections under the New York City Human Rights Law, which covers more protected categories than federal law and applies to smaller employers. We advise clients on which law gives their claim the strongest footing and file accordingly.

Why New York Employees Trust Schwartz Perry & Heller LLP

Schwartz Perry & Heller LLP was among the first firms in New York to focus on employment law. That history isn’t a marketing point. It means our attorneys have worked on the cases that became the precedents other lawyers now cite, shaping the legal standards that govern EEOC claims in this state today.

Our credentials reflect that track record:

Super Lawyers Recognition for employment law attorneys at the firm
Million Dollar Advocates Forum membership, requiring settlements or verdicts exceeding one million dollars
AV Peer Review Rating from Martindale-Hubbell, reflecting peer-assessed standing for professional excellence
Substantial jury awards and groundbreaking results in New York employment law cases

We know this process is difficult. Reporting discrimination at work puts your livelihood and professional relationships at risk. We treat every client and every case with the individual attention that situation demands.

Start with a Free Consultation

EEOC charges in New York must generally be filed within 300 days of the discriminatory act. Waiting reduces your available options and can close the door entirely. The sooner we can review your situation, the more we may be able to do.

Contact Schwartz Perry & Heller LLP for a free consultation with a New York EEOC attorney. Call (646) 490-0221 or reach us through our online contact form to get started today.

EEOC Eligibility Requirements for New York Workers

Before the EEOC can accept a charge, several threshold requirements must be met. Understanding these rules helps determine whether a federal claim, a state claim, or both are available.

Employer Size

For most federal discrimination claims under Title VII, the ADA, or GINA, the employer must have at least 15 employees. Age discrimination claims under the ADEA require at least 20. Workers whose employer falls below these thresholds may still have claims under the New York State Human Rights Law or the New York City Human Rights Law, both of which apply to smaller employers.

Worker Status & Age

EEOC protections extend to employees, job applicants, former employees, and participants in apprenticeships or training programs. Independent contractors aren’t covered under federal law. For age discrimination claims specifically, the worker must be 40 or older.

The 300-Day Filing Deadline

In New York, a charge must generally be filed within 300 days of the discriminatory act. This longer window applies because New York has a state anti-discrimination agency, the New York State Division of Human Rights. Workers in states without such an agency face a 180-day deadline instead. Miss the 300-day window, and the federal claim may be barred.

State & Local Alternatives

The New York State Division of Human Rights now accepts complaints within three years of the discriminatory act for incidents occurring on or after February 15, 2024, extended from the prior one-year deadline under legislation signed by Governor Hochul. Workers pursuing a claim under the New York City Human Rights Law should be aware of sequencing rules: filing with one agency can affect the ability to file with another. We help clients navigate these choices before any filing is made.

What Happens After You File an EEOC Charge

Once a charge is filed, the EEOC notifies the employer. From there, the process typically moves through several stages.

Mediation

The EEOC may offer both parties voluntary mediation with a neutral third party. This is a faster path to resolution and keeps the matter out of court. If mediation doesn’t occur or doesn’t resolve the dispute, the investigation proceeds.

Investigation

The EEOC’s investigation may include interviews, document requests, and site visits. Depth varies. We help clients respond to EEOC inquiries and submit supporting documentation throughout this stage to build the strongest possible record.

Conciliation or Closure

If the EEOC finds that discrimination occurred, it attempts conciliation, asking the employer to remedy the violation. If conciliation fails, the EEOC may file suit itself or close the case. If it doesn’t find a violation, it issues a Notice of Right to Sue.

Notice of Right to Sue

A Notice of Right to Sue isn’t a dead end. It opens the door to a private federal lawsuit, and you have 90 days from receipt to file. Civil discovery in that lawsuit can reach evidence the EEOC investigation never examined. An EEOC dismissal is not a finding that discrimination didn’t occur. It’s an invitation to pursue the matter in court.

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Why Choose Schwartz Perry & Heller LLP?

100+ Years of Collective Experience
Personalized & Compassionate Service
Award-Winning Legal Counsel
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Our Testimonials

Our Past Clients Speak to Our Experience

"Brian and Analiese were exactly the team I needed to bring clarity to a complex situation."
Brian and Analiese were exactly the team I needed to bring clarity to a complex situation. From the first intake, they brought both empathy and sharp, nuanced questions that helped me quickly get oriented. Throughout the process they were knowledgeable and responsive, and their diligence led to a resolution I deeply appreciate. Thank you again.

- Former Client
"Always available, conscientious and extremely knowledgeable."
Outstanding lawyer. Always available, conscientious and extremely knowledgeable. Excellent at following-up both with his clients and with opposing counsel. Regardless of the size of the case, Brian will put in the work and always treat his clients with the utmost professionalism and respect.

- N.W.
"I trusted them entirely."
I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He responded promptly to any correspondence, took the time to explain to me any questions or concerns, and helped ease any kind of stress that I had during a dispute with a previous employer. I highly recommend this firm. You are not just a number, they treat you like family. I trusted them entirely. I thank you from the bottom of my heart for all of your devoted time and effort in my legal matter.

- A.M.
"Their integrity, personal attention, and knowledge are superior."
Schwartz, Perry & Heller, LLP are the most skilled Lawyers for your discrimination case in the Tri-State area. Their integrity, personal attention, and knowledge are superior. They won my case and can win yours. Nothing beats the best.

- D.K.
"Caring, smart, highly skilled negotiators"
Davida Perry and Brian Heller are very caring, attentive and highly skilled negotiators who gave me expert representation to win my negotiation and achieve my goals.

- D.
"Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help."
Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help. I first met Mr. Schwartz and Brian Heller a few years ago when I was working at an international firm in an IT role when I contacted them for the free consultation because I felt that I was being setup to be fired. I knew I was being treated unfairly by my manager. I felt utterly helpless and had no idea who to turn to. After meeting with Mr. Schwartz and Brian Heller, I came to understand that the unfair treatment I endured was actually discrimination. They counselled me through being fired and negotiating a settlement; an extremely upsetting and exhausting experience. They explained the rules of employment law while treating me with dignity and kindness. Due to the skill and knowledge of these attorneys, I received a substantial settlement and was able to move on to another company with my self-respect intact and without the financial hardship that would have resulted from losing my job. They also ensured that this employer could not damage my reputation going forward with future employers. Recently, when I had another issue with a different employer; I called Brian Heller right away. I knew that Brian, being extremely well versed on the latest employment laws, would be able to help me. Brian carefully guided me and I was able to “ride the wave” of unprofessionalism and threats of litigation coming my way from my former employer’s attorney. My former employer thought that they could bully and frighten me into staying with them longer so that my new job opportunity would no longer be available, and then they could let me go when it was convenient for them - and I’d be out of work. They didn’t know that I have a Secret Weapon – Brian Heller! Once Brian was on the case, those threats ceased and I was able to accept my new wonderful job and leave the worry and stress behind. I highly recommend Brian Heller and Schwartz & Perry as a firm. Over the years Brian has always treated me with kindness and respect and I have peace of mind because I have someone I trust who is on my side, who can guide me and who is willing and extremely capable of protecting my rights.

- Former Client
"From day 1 of the consultation to the very end I felt like the most important client to the firm."
Amazing team of Attorneys. From day 1 of the consultation to the very end I felt like the most important client to the firm. Brian Heller who I dealt with personally was amazing. Whether it was a call or email responses were very prompt and I was kept informed every step of the way. Even a few calls just to check in and say hello. Truly an incredible experience and I would recommend them to anyone seeking justice. If they take your case they will fight with you to the end. A+

- D.W.
"We remain tremendously grateful for his support and look forward to working with him again."
On short notice, Brian Heller reviewed contracts with complex international dimensions and found important discrepancies that I and other senior-level executives had missed completely. He was fast, thorough, and detail-oriented in providing pragmatic advice that enabled us to be sure that we were getting the fairest and best possible treatment under the law. We remain tremendously grateful for his support and look forward to working with him again.

- Eric

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