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Find a Lawyer in BuffaloAbout Discrimination Law in Buffalo, United States
Discrimination law in Buffalo combines federal, New York State, and local rules to protect people from unfair treatment in employment, housing, public accommodations, education, and credit. Federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Fair Housing Act provide baseline protections. New York has a broader human rights law that covers many more protected characteristics and can apply in situations and to employers that federal law does not. Buffalo and Erie County may also offer local human-rights or human-relations processes and community resources that supplement state and federal enforcement.
Why You May Need a Lawyer
People seek a lawyer in discrimination matters for many reasons:
- To evaluate whether the conduct you experienced meets the legal definitions of discrimination or harassment under federal, state, or local law.
- To preserve and organize evidence - documents, messages, witness statements, performance reviews, medical records, and timeline notes - in a way that supports a legal claim.
- To navigate administrative procedures and deadlines for filing charges with agencies like the Equal Employment Opportunity Commission - or the New York State Division of Human Rights - and to decide whether to pursue an administrative complaint or a civil lawsuit.
- To negotiate with an employer, landlord, or institution for reasonable accommodations, reinstatement, damages, or a settlement.
- To protect against retaliation and to obtain emergency or injunctive relief in urgent situations.
- To understand remedies you may recover, including back pay, front pay, reinstatement, injunctive relief, compensatory damages, statutory penalties, and attorney fees, and to assess the strength and likely value of a case.
Local Laws Overview
Key aspects you should know about discrimination law that apply in Buffalo include the following:
- Federal protections: Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. The ADA protects qualified individuals with disabilities. The ADEA protects employees age 40 and older. The Fair Housing Act prohibits housing discrimination based on race, color, religion, sex, familial status, national origin, and disability.
- New York State Human Rights Law: New York law often provides broader protections than federal law. It covers more protected characteristics - such as sexual orientation, gender identity or expression, pregnancy, marital status, military status, and lawful source of income - and can apply in contexts where federal law does not. It also often applies to smaller employers and more types of transactions.
- Administrative enforcement: Discrimination claims are often handled first through administrative agencies. At the federal level the EEOC handles many workplace discrimination charges. At the state level the New York State Division of Human Rights enforces the State Human Rights Law, and the US Department of Housing and Urban Development handles certain housing complaints. Municipal or county human-rights offices may accept local complaints or provide guidance.
- Deadlines and procedures: Deadlines to file claims differ by forum and fact pattern. In New York many filings are time-sensitive - for example, filing a charge with the EEOC within a specified number of days after the alleged act may be required to preserve federal claims, and state agency processes have their own filing windows. Because these timelines vary and exceptions can apply, it is important to act promptly.
- Remedies and limitations: Available remedies depend on the law and forum you use. Remedies may include changes to policies, reinstatement, monetary awards, compensatory and punitive damages, and attorney fees. Some federal laws place caps on certain damages based on employer size, while state law may offer different or additional relief.
Frequently Asked Questions
What counts as unlawful discrimination?
Unlawful discrimination generally occurs when a person or institution treats you less favorably because of a protected characteristic - such as race, sex, age, disability, religion, national origin, sexual orientation, or gender identity - in employment, housing, public accommodations, education, or credit. Unlawful actions can include hiring or firing decisions, unequal pay, hostile work environments, refusal to make reasonable accommodations for disabilities or pregnancy, and discriminatory policies or practices that have a disparate impact on protected groups.
Who is protected under New York and federal discrimination laws?
Protected classes under federal laws include race, color, national origin, religion, sex, age (40 and older), and disability, among others depending on the statute. New York State law covers a wider range of characteristics such as sexual orientation, gender identity or expression, familial status, marital status, military status, pregnancy, and lawful source of income. Local ordinances can add further protections. Protection scope can vary by the type of discrimination and the specific statute.
What should I do immediately after an incident?
Keep calm and take practical steps - document the event with dates, times, locations, what was said or done, and names of witnesses. Preserve relevant communications and records - emails, texts, performance reviews, pay stubs, housing correspondence, medical records, or written policies. If you feel safe doing so, make an internal complaint through your employer or landlord’s complaint procedure and keep copies of that complaint and any responses. Avoid deleting evidence and limit discussing the details publicly. Consider contacting a lawyer or a local legal aid organization early to protect your rights.
How do I file a charge or complaint in Buffalo?
You can file a complaint with federal, state, or local agencies depending on the situation. Common options are filing a charge with the EEOC for workplace matters or with the New York State Division of Human Rights for state claims. Housing complaints can be filed with HUD or the New York State Division of Human Rights. Municipal or county human-rights offices may also accept or refer complaints. An attorney can help determine the best filing forum and ensure you meet applicable deadlines.
What are typical time limits for filing a claim?
Time limits vary by statute and forum. For example, federal filings often must be made within a limited period after the discriminatory act, and in many parts of New York the EEOC filing window is extended to accommodate state enforcement - commonly up to 300 days for certain employment claims. State agency deadlines can differ. Because these deadlines are critical and can bar a claim if missed, you should contact an agency or attorney as soon as possible to confirm the precise deadline that applies to your case.
Can I be fired for complaining about discrimination?
No. Retaliation against someone for complaining about discrimination, participating in an investigation, or asserting their rights is prohibited under federal and state law. Retaliatory acts - such as termination, demotion, harassment, or other adverse changes in employment conditions - are actionable. If you believe you have been retaliated against, document the events and seek legal advice promptly.
How much will a lawyer cost and how do attorneys typically charge in discrimination cases?
Fees vary. Many discrimination attorneys offer a free initial consultation. Some take cases on contingency - meaning they get paid only if you recover money - while others bill hourly or use a hybrid fee. In some successful discrimination cases, the prevailing party may be entitled to recover attorney fees from the employer, but fee-shifting rules depend on the law and outcome. Ask about fee arrangements and any upfront costs during the first meeting.
What kinds of remedies can I get if my discrimination claim succeeds?
Potential remedies depend on the law and facts but can include reinstatement, injunctive relief to change discriminatory policies, back pay, front pay, compensatory damages for emotional harm, punitive damages in some cases, statutory damages under state law, and attorney fees. Housing remedies may include damages, injunctive relief, or policy changes. The available relief differs by forum and statute.
Do small employers have to follow discrimination laws?
Federal protections generally apply to employers with a threshold number of employees - for example, many federal employment statutes apply to employers with 15 or more employees. New York State law can apply to smaller employers or cover situations federal law does not. Because coverage can vary by law and fact pattern, consult an attorney or agency to determine whether a particular employer is covered.
Can I pursue an internal complaint and still file a legal claim later?
Yes - filing an internal complaint is often a recommended first step because it allows the employer to address issues and it strengthens your documentation. Filing internally usually does not bar you from filing a charge or lawsuit later, but you should keep careful records of what you reported and how the employer responded. Be mindful of external filing deadlines and consider seeking legal advice so you do not inadvertently miss critical time limits.
Additional Resources
Federal and state enforcement agencies and nonprofit organizations can provide guidance and assistance:
- Equal Employment Opportunity Commission - handles many employment discrimination charges.
- New York State Division of Human Rights - enforces the New York State Human Rights Law for employment, housing, and public accommodations.
- U.S. Department of Housing and Urban Development - handles federal housing discrimination complaints under the Fair Housing Act.
- New York State Attorney General - Civil rights enforcement and guidance on state laws.
- Local government human-rights or human-relations offices - check Buffalo city government and Erie County for local complaint processes and resources.
- Legal Aid Bureau of Buffalo and other local legal aid clinics - provide free or low-cost legal help for eligible residents.
- Erie County Bar Association lawyer-referral services and local pro bono programs - to find an attorney or free consultation.
- Disability Rights New York - statewide organization that advocates for people with disabilities.
- New York Civil Liberties Union and community advocacy groups - for civil-rights information and support.
Next Steps
If you believe you have experienced discrimination in Buffalo, take these practical next steps:
- Document everything - write a clear timeline, save emails and messages, keep performance reviews, medical documentation, rent records, and any other relevant evidence.
- Make an internal complaint if it is safe and reasonable to do so - put it in writing and keep copies of responses.
- Contact a knowledgeable attorney for a consultation - ask about deadlines, likely forums for filing, evidence needs, and fee arrangements. If you cannot afford a lawyer, contact local legal aid organizations or bar association referral services for low-cost or pro bono help.
- File an administrative charge or complaint with the appropriate agency in a timely way if advised - missing a filing deadline can forfeit important legal options.
- Preserve your rights against retaliation - keep records of any adverse actions after you made a complaint and seek advice immediately if you face retaliation.
- Consider alternative dispute-resolution options - mediation or settlement may resolve matters faster, but consult an attorney before agreeing to any settlement or release.
Acting promptly and getting informed help are the best ways to protect your rights and pursue a fair outcome. If you are unsure where to begin, start with a free consultation from a local attorney or legal aid service to learn the specific steps that apply to your situation.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.