It is against the law for New York schools to discriminate based on race, color, religion, disability, national origin, sexual orientation, gender identity or expression, military status, sex, age, and marital status. The law applies to almost all schools except private schools run by religious organizations.
You can take legal action if your school discriminates against you. There are two main options: filing a complaint with the New York State Division of Human Rights or filing a lawsuit in state court.
Filing a Complaint with the Division of Human Rights (DHR)
It is free to file a complaint with the DHR. If the discrimination happened before February 15, 2024, you have one year to file a complaint. If the discrimination happened February 15, 2024 or after, you have three years to file a complaint.
The DHR will investigate the complaint. If they find "probable cause" of discrimination, they will:
- assign you a free lawyer and
- schedule a hearing with an administrative law judge (ALJ).
If the judge decides the school discriminated against you, they can order the school to:
- go through anti-discrimination training
- change their policies
- make reasonable accommodations for disabilities
- and/or pay:
- damages for pain and suffering
- attorney’s fees
- civil fines and penalties.
Filing a Lawsuit
Instead of filing a complaint with DHR, an individual, parent, or guardian (“plaintiff”) can file a lawsuit in state court. To start the case, serve a Notice of Claim to the school or school district within 90 days of the discrimination. This tells the school that you might file a lawsuit. You have one year after the discrimination happens to file the lawsuit. If you want to file a lawsuit, it's helpful to talk to a lawyer first.
Empire Justice Center’s School Discrimination Helpline
Empire Justice Center has a statewide school discrimination helpline to help New Yorkers understand their legal rights and options. If you or your child have experienced discrimination at school, call our helpline at 1-800-724-0490 Ext. 5827 or email us at schooldiscriminationhelpline@empirejustice.org.
Last Reviewed: February 23, 2024