Can New York Human Rights Law Discrimination Claims Be Mediated?
Direct Answer
Yes. New York discrimination claims can be mediated through the State Division of Human Rights, the EEOC, court ADR programs, or private mediation.
Yes. Claims under the New York State Human Rights Law (NYSHRL), Executive Law $290 et seq., and the New York City Human Rights Law (NYCHRL), Administrative Code $8-101 et seq., can be mediated at multiple stages. The New York State Division of Human Rights (DHR) offers a free mediation program for complaints filed with the Division before investigation. Participation is voluntary and confidential. The DHR mediator is a neutral state employee. If the complaint is cross-filed with the EEOC, the EEOC's national mediation program is also available. Once a civil action is filed in Supreme Court or federal court, the case is subject to the court's ADR referral program. The NYCHRL is broader than federal law in several respects — it covers employers with four or more employees (vs. 15 under Title VII), applies a more liberal causation standard, and includes protections not found in federal law (e.g., caregiver status, sexual orientation, gender identity). Mediators handling NYCHRL claims should understand these distinctions. Settlement agreements in discrimination cases often include confidentiality provisions, which are now subject to restrictions under New York General Obligations Law $5-336 (enacted in 2019) for sexual harassment claims.