[NY] How do I sue my employer for discrimination?
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The fact that you've been written up four times in four months, especially after raising concerns about discrimination, could be very significant. This might suggest a pattern of adverse employment actions, which is a key element in discrimination and retaliation claims. While a single write-up might not be enough, multiple write-ups — particularly if they seem unfair or disproportionate — can build a case that your employer is creating a hostile work environment or even trying to set you up for termination.
In New York City, the NYC Human Rights Law (NYCHRL) offers very broad protections against discrimination. It's one of the most employee-friendly laws in the country. Under the NYCHRL, you just need to show that you were treated “less well” because of your gender — a lower standard than federal or state law. The multiple write-ups, combined with your feeling of being targeted, could certainly meet this “less well” standard.
Becuse your employer is large, this definitely falls under these laws and likely has formal policies for EEO investigations, which could be important to review.
Regarding the EEO investigation results — while they’re telling you that you need a subpoena, that typically occurs during the discovery phase of a lawsuit. Once a lawsuit is filed, you can formally request those documents, and they’d generally have to provide them unless they have a strong legal reason not to. Their refusal to provide the results now, after initially offering to, also doesn’t look great for them.
Since you were detained by police because your work ID didn’t match your physical characteristics or gender — and you have video evidence — that’s crucial. It directly links the discrimination to a tangible event and shows a public display of harm.
Next steps to consider:
- Gather and organize all documentation — details of the original incident, reasons for each write-up, communications about the EEO investigation, and your video evidence.
- Keep a detailed log of incidents where you felt targeted.
- File a complaint with the EEOC or the NYC Commission on Human Rights (NYCCHR). These agencies can investigate, mediate, or issue a “right-to-sue” letter. The NYCCHR gives up to three years for filing gender-based harassment claims.
- Litigation could then lead to discovery of the EEO records, compensation for your emotional distress, and potentially changes in your employer’s practices.
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I need to subpoena my employer for records from an EEO investigation that they completed and now are refusing to tell me the results of the investigation, and then possibly sue them for gender discrimination. I was detained by police because my work ID did not match my physical characteristics or, according to the people that detained me, my gender. I have video evidence of the discrimination.
I’m sorry to hear about the discrimination you experienced. Have you already requested the results of the EEO investigation from your employer?
Yes, they said they cannot reveal the results and that they have submitted them to the legal department.
Do you have a copy of the video evidence of the discrimination that you mentioned?
Yes
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your subpoena request.
Yes
Hello! My name is TJ, and I’m an attorney. Thanks so much for the opportunity to assist you! I’ve gone over the details you shared and I’ll post my initial response shortly. I’ll also post a few quick questions to help me better understand your situation so I can give you a more complete and tailored answer.
Very Important Information:
(1) If you don’t hear back from me right away, please don’t worry — I will get back to you! I might be working on your response, helping another customer, or dealing with a tech issue. Depending on what’s happening, it may be several minutes (or more) between messages. That’s normal — you didn’t lose me and our conversation is not over! I really appreciate your patience.
(2) This is general legal information only. I can’t represent you or form an attorney–client relationship.
Hi again! Generally, employers don't have to share the specific results of an internal EEO investigation with you, especially if it involves personnel matters. However, if you sue them, those investigation records would very likely become discoverable evidence.
Your video evidence is key here, since it directly supports your claim of discrimination. When considering a lawsuit for gender discrimination, you'd need to show that your employer's actions were motivated by your gender.
Let's discuss this in more detail so I can provide a more thorough response.
What specific actions did your employer take after the EEO investigation was completed?
What type of harm or damages have you suffered as a result of the alleged discrimination?
What state is this situation occurring in?
My employer took no further action — no steps to resolve the problem. They just did the investigation. I need to know what was found in that investigation. They told me they would get me the information, then they said no, that I had to subpoena the information.
This happened in NYC. I’ve suffered emotional and mental distress — I do not feel safe at my job and I feel like I’m being targeted all the time because of my gender.
Thanks for getting back to me. That's terrible that your employer failed to take further action or provide you with the investigation results as initially promised. Even though they said you'd need a subpoena, that's typically only something that happens once a lawsuit has been filed.
The emotional and mental distress you're describing, along with feeling targeted, are very important in a discrimination claim.
Did you experience any negative employment actions, such as a demotion, termination, or significant change in your work conditions, after the incident or the investigation? This would be important for making a retaliation claim as well.
I don’t know, but I feel like a target. In the past four months I’ve been written up four times — I don’t know if that’s one of the reasons.
The fact that you've been written up four times in four months, especially after raising concerns about discrimination, could be very significant. This might suggest a pattern of adverse employment actions, which is a key element in discrimination and retaliation claims. While a single write-up might not be enough, multiple write-ups — particularly if they seem unfair or disproportionate — can build a case that your employer is creating a hostile work environment or even trying to set you up for termination.
In New York City, the NYC Human Rights Law (NYCHRL) offers very broad protections against discrimination. It's one of the most employee-friendly laws in the country. Under the NYCHRL, you just need to show that you were treated “less well” because of your gender — a lower standard than federal or state law. The multiple write-ups, combined with your feeling of being targeted, could certainly meet this “less well” standard.
Becuse your employer is large, this definitely falls under these laws and likely has formal policies for EEO investigations, which could be important to review.
Regarding the EEO investigation results — while they’re telling you that you need a subpoena, that typically occurs during the discovery phase of a lawsuit. Once a lawsuit is filed, you can formally request those documents, and they’d generally have to provide them unless they have a strong legal reason not to. Their refusal to provide the results now, after initially offering to, also doesn’t look great for them.
Since you were detained by police because your work ID didn’t match your physical characteristics or gender — and you have video evidence — that’s crucial. It directly links the discrimination to a tangible event and shows a public display of harm.
Next steps to consider:
- Gather and organize all documentation — details of the original incident, reasons for each write-up, communications about the EEO investigation, and your video evidence.
- Keep a detailed log of incidents where you felt targeted.
- File a complaint with the EEOC or the NYC Commission on Human Rights (NYCCHR). These agencies can investigate, mediate, or issue a “right-to-sue” letter. The NYCCHR gives up to three years for filing gender-based harassment claims.
- Litigation could then lead to discovery of the EEO records, compensation for your emotional distress, and potentially changes in your employer’s practices.
Did I completely answer your question, and do you need clarification on anything? Are there any other follow-up questions you have?
Thanks again for letting me assist you!
