Legal Question in Discrimination Law in New York

Revers-Sexual-Discrimination

How many cases of reverse sexual descriminations are brought up within this state and nation. How does one persue such a cause without backfire? Would that case be thrown out or not dealt with if person stayes or has stayed on job for a long period of time??


Asked on 11/07/04, 10:52 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Revers-Sexual-Discrimination

Every kind of case has been brought, but the results and statistics are not all available.

Go to the website for the NYS Dept. of Labor, and Dept. of Human Rights. Also the EEOC for Federal matters; the difference between the two generally turn on whether or not the Federal District Court has exclusive Jurisdiction or, for administrative proceedings whether the employer has 20 or more employees.

However, if it is not exclusivly Federal, if there are at least 4 employees, the administrative investigation should first go to the NY State Department of Human Rights.

Gender discrimination is not exclusively a federal issue. The NY dept of human rights will investigate if the employer had more then 4 employees, otherwise they don't have jurisdiction under 296 of the NY executive law.

As to the rest of your question, there is I believe a 300 day filing period.

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Answered on 11/10/04, 12:48 pm


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