Complaint Process

How To File A Complaint

The Commission's jurisdiction is limited to acts of discrimination that have occurred within Suffolk County.  You must file a complaint within one (1) year of the unlawful discriminatory act, or within 300 days if you also wish to file a federal charge.  Contact our office to schedule an appointment.  If you are unable to file a complaint in person, call the office to make alternate arrangements.  When you come in for your appointments, bring:

1. The names, title, and addresses of all persons alleged to have discriminated against you.

2. Bring any documentation that supports the allegations made in your complaint.

3. Supply the names of any witnesses to the alleged acts of discrimination.

Investigative Procedure

Once a complaint is filed, the Commission will review your complaint and:

1. Resolve questions of jurisdiction and make the appropriate referrals when the complaint is outside the Commission's jurisdiction.

2. Contact the respondent (the respondent is the person or business entity that you are complaining about) and inform them of your complaint of discrimination.

3. Attempt to resolve the complaint informally through conferences and conciliation.  If the complaint can not be resolved informally, the Commission will initiate formal investigative procedures.

4. The Commission can accept a formal complaint under the agreement with the New York State Division of Human Rights (NYSDHR).  The NYSDHR will determine whether or not there is probable cause to believe that an act of discrimination has occurred based upon information obtained by the Commission during an investigation.

5. If there is a finding of no probable cause, the complainant may appeal to the State Supreme Court within 60 days.  If the determination is one of probable cause, the NYSDHR will attempt to conciliate the case.  If conciliation efforts fail, the case will get scheduled for a public hearing.

Public Hearing

1. A Division attorney will represent your case or you may elect to retain outside counsel.

2. A Notice of Hearing will be issued at least one week in advance.

3. An Administrative Law Judge presides over the hearing, which may last one or more days.

4. A proposed Order will be prepared and, on request, is sent to the parties for comment.

A Commissioner's Order will either dismiss the complaint or find discrimination.  In the latter case, it will order the respondent to cease and desist and take appropriate action.  The Division may order damages and/or back pay.  The Order may be appealed by either party to the State Supreme Court within 60 days.