How to File a Discrimination Claim

Shot of a woman in a wheelchair waiting in line to be interviewed

Federal laws protect people from discrimination by employers and state and local agencies that provide services to you. New York State law protects employers and job applicants.

The New York State Department of Labor (NYSDOL) adheres to these laws and takes affirmative steps to ensure that all programs and services are free of discrimination based on protected class status including race, religion/creed, color, sex (including pregnancy, childbirth, and related medical conditions), sexual orientation, gender identity, national origin (including limited English proficiency), age, political affiliation or belief, military or veteran status, disability, predisposing genetic characteristics, marital or family status, domestic violence victim status, arrest record or criminal conviction history, or citizenship status.

What is Discrimination?

Discrimination means to act based on a preference or prejudice. Under Federal and New York State laws, discrimination occurs when you are treated differently in a way that causes an adverse impact to you. It includes:

For Department of Labor customers, discrimination may also occur based on:

For descriptions of the various types of discrimination prohibited by federal law, see the U.S. Equal Employment Opportunity Commission (EEOC) webpage. For information about the types of discrimination prohibited under New York State law, see the New York State Division of Human Rights webpage. The U.S. Department of Labor, Civil Rights Center (CRC) website provides information for those that apply to, participate in, work for, or come into contact with programs and activities supported by the United States Department of Labor.

Workforce Innovation and Opportunity Act (WIOA) Complaints

The WIOA was designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need.

Among other things, WIOA requires recipients of federal-financial assistance to advise DOL customers of their right to file discrimination complaints. The DOL provides notice of these rights in the Equal Opportunity is the Law posters that are displayed in career centers, made available in various languages to individuals with limited English proficiency (LEP), and in various formats to individuals with disabilities.

Discrimination complaints against the NYSDOL or its employees, or any complaints of discrimination you have experienced in the provision of programs and services at Career Centers, can be filed at any Career Center, with the Department of Labor’s Office of Diversity, Equity, Inclusion & Access), or directly with the U.S. Department of Labor, Civil Right Center (CRC), the agency that enforces WIOA.

For more information on filing Workforce Innovation and Opportunity Act complaints, see USDOL Civil Rights Center website.

Filing a Discrimination Complaint

If you have a discrimination complaint against your employer and you got your job through a referral from a New York State Career Center, OR you have a complaint against the NYSDOL, a NYSDOL employee, or a NYSDOL program or service based on discrimination (WIOA Complaint), you may file a complaint with:

New York State Department of Labor
The Office of Diversity, Equity, Inclusion & Access
Harriman State Office Campus, Building 12
Albany, New York 12240
Phone: 518-457-1984
TDD/TTY: 800-662-1220 or 711. New York City, dial 211
Email: [email protected]

Or directly with:

Director
Civil Rights Center (CRC)
U.S. Department of Labor
200 Constitution Avenue, NW
Room N-4123
Washington, D.C. 20210
Fax: 202-693-6505 (Attention: Office of External Enforcement)
Email: [email protected]
Phone: 202-693-6500 (VOICE)
TDD/TTY: 711

If you have a discrimination complaint against your employer, and you got your job on your own without assistance from a New York State Career Center, you may file your complaint with:

Department of Labor Discrimination Complaint Forms

Complaint forms can be obtained from the Agency you file your complaint with, or you can access digital forms on their website. The following form is available in multiple languages and can be used to file complaints with the New York State Department of Labor’s, Division of Equal Opportunity Development.

If you require the form in a language that is not listed, please contact the Division of Equal Opportunity Development. Forms can be translated free of charge.

Complaint Form, Including Discrimination Complaints (DEOD834-English)

Use this form to file a complaint, including discrimination complaints, with the Office of Diversity, Equity, Inclusion & Access. The complaint may be against: a public or private employer, employee, company, or agency, including the New York State Department of Labor or other individuals or entities. Your name and information will be kept confidential to the fullest extent of the law.