New York Employment Discrimination Claims

How Thurgood provides non-attorney representation for employment claims in New York in accordance with state and federal statutes without engaging in the unauthorized practice of law.

Employee Advocacy & Representation

Thurgood is dedicated to helping New York employees seek justice for wrongful terminations and other workplace damages caused by discrimination, disability violations, whistleblowing, and wage & hour violations. Our employee advocates help clients achieve settlements outside of the civil court system by utilizing administrative options offered by state and federal agencies to achieve results without the need for an attorney.

We act as an agent in private negotiations between our clients and their employers, and our authority to represent clients in administrative procedures in the state of New York is codified in the State Administrative Procedure Act (SAPA) §501 and the rules set forth by the New York State Division of Human Rights.

Our authority to represent clients in federal administrative procedures is codified in the U.S. Administrative Procedure Act (APA) 5 U.S.C. § 555(b) and the rules of the Equal Employment Opportunity Commission (EEOC) and the Occupational Health & Safety Administration (OSHA).

Our Process

Upon signing a retainer, Thurgood’s process is similar to that of a traditional employment law firm:

1. First, we send a letter to the client’s employer to inform them of the intent to file charges and offer an opportunity to settle the matter privately.

2. Next, we sit with the client to draft a timeline of events and gather the associated documentation.

3. Then, we communicate the client’s story to the employer and make every effort to settle the matter privately.

4. Meanwhile, we convert the timeline and documents into formal charge documents and an evidence packet.

5. If both sides agree on settlement terms, we facilitate the signing of an agreement and transfer of funds.

6. If the parties are unable to reach a private agreement, we move forward to file charges on behalf of the client and represent them throughout the process.

Discrimination Claims: New York State Division of Human Rights (NYSDHR)

Thurgood files charges on the basis of race, sex, pregnancy, disability or medical condition, age (40+), religion, national origin, and conviction record with the NYSDHR. Claims may be filed with the division up to three years after the last act of discrimination.

Whistleblower Claims: U.S. Occupational Safety & Health Organization (OSHA)

Thurgood files charges of retaliation due to reporting concerns about violations of workplace safety and health, consumer product, environmental, and financial reform laws with OSHA. Claims may be filed with the agency within 30 days of the retaliatory action for claims under the OSH Act, but the timeframe can be up to 180 days for other specific laws enforced by OSHA.

Wage & Hour Claims: New York Department of Labor (DOL-NY)

Thurgood files seeks the recovery of unpaid wages, and all applicable interest and fees, with the DOL-NY. Claims may be filed with the agency up to 6 years after the wages were earned.

Other Claims

When appropriate, Thurgood files claims with the U.S. Department of Education on behalf of educators and school faculty, the National Labor Relations Board on behalf of union members, and on behalf of other special groups with a variety of state and federal agencies.