NY DHR Adopts New Complaint Filing & Investigation Rules (9 NYCRR 465) — Effective Sept. 10, 2025

New Discrimination Complaint Filing and Investigation Procedure in NYS Proposed by Division of Human Rights

Update (Sept. 10, 2025): The Division of Human Rights’ rulemaking is now adopted and effective. For a practitioner-ready breakdown and how to comply, see our new resource page: NY DHR Complaint Filing & Investigation Rules.

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The New York State Division of Human Rights, which oversees administrative adjudication of discrimination claims statewide, first proposed updates to complaint filing and investigations in the New York State Register on June 18, 2025. Those changes have now been adopted without changes and took effect on September 10, 2025 (Notice of Adoption: amendments to 9 NYCRR §§ 465.1, 465.2, 465.3, 465.5, 465.6; repeal of § 465.8). For the official adoption notice, see the Register (Issue 36, 9/10/25).¹

What changed in Part 465 (high level)

• Service of papers (§ 465.2): Modernized to allow first-class mail, email, and other appropriate electronic means.
• Who may file (§ 465.3(a)): Clarifies individuals, organizations (consistent with caselaw), attorneys/guardians, custodial parents/guardians for minors; confirms DHR may file on its own motion; removes class-action pathway per caselaw limits on relief to non-filers.
• Form & verification (§ 465.3(b)): A complaint can be verified by declaration (Ch. 304, L. 2021) and must be on a Division form (web-based form allowed).
• Required contents (§ 465.3(c)): Must include:
  • a concise statement of the discriminatory acts sufficient for investigation,
  • sufficient identification of the complainant(s) and alleged wrongdoer(s), and
  • factual allegations sufficient to support the claim.
• Time to file (§ 465.3(d)): Generally 3 years from the alleged discriminatory practice (with limited historical exceptions).
• How to file (§ 465.3(e)): Confirms web portal intake and a telephonic option via DHR’s call center; complaint is filed when verified and received.
• Withdrawals / discontinuance / dismissals (§ 465.5):
  • Withdrawal allowed any time before probable cause.
  • Discontinuance after probable cause requires commissioner consent; private settlements are not accepted post-PC (must be a stipulated settlement with the Division).
  • Other dismissal bases clarified/added (e.g., admin convenience, annulment of election to pivot to court, untimeliness).
• Investigations (§ 465.6): Confirms commissioner’s authority to appoint employees to act for regional directors/housing investigations; emphasizes prompt, fair investigations and leadership review for factual/legal sufficiency.
• Probable cause review (§ 465.8): Repealed (obsolete due to electronic records; duplicative).

Exact rule text

The above is a summary. The controlling authority is 9 NYCRR Part 465. You can review the adoption notice in the Sept. 10, 2025 State Register and our evergreen rule explainer here:

• Register Notice of Adoption (9/10/25): see “Division of Human Rights — Complaint Filing and Investigation Procedures” (Issue 36).¹
• NY DHR Complaint Filing & Investigation Rules — Lieb at Law (summary + practical guidance).

What this means for you

• Employees/tenants/public-accommodations users: The 3-year filing window and online intake lower barriers—but your complaint must be specific and verified. We can structure your facts to meet Part 465’s sufficiency standards.
• Employers/housing providers/businesses: Expect more filings and electronic service. Update your intake/litigation protocols and evaluate early dismissal strategies (jurisdiction, probable cause, admin convenience) and forum strategy (annulment to court when appropriate).

Need help now? Don’t DIY Part 465. Request a consultation or call (646) 216-8009.

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Attorney Advertising. This post is for informational purposes only and not legal advice. Updated 9.10.25.

¹ NYS Register, Issue 36 (Sept. 10, 2025), “Division of Human Rights — Complaint Filing and Investigation Procedures,” Notice of Adoption (amending 9 NYCRR §§ 465.1, 465.2, 465.3, 465.5, 465.6; repealing § 465.8).

PAID Program: False Promise or Smart Strategy for Employers?

The US Department of Labor's Wage and Hour Division (WHD) recently relaunched a self-audit program for US private employers called the Payroll Audit Independent Determination (PAID) program. It bills itself as a "program to help employers resolve potential minimum wage and overtime violations under the Fair Labor Standards Act (FLSA), as well as certain potential violations under the Family and Medical Leave Act (FMLA)." Sounds like a great idea to resolve pay issues quickly without penalty, right?

However, while the program purports to "allow[] employers to correct mistakes efficiently and ensure employees receive back wages or other remedies promptly, all while avoiding litigation," THIS IS FALSE ADVERTISEMENT and the program should be avoided by employers, except in very limited circumstances. 

Employers should be warned that PAID cannot waive employee's federal FLSA / FMLA / Discrimination related claims and does not even address state claims, such as NYS Paid Family Leave or state wage and hour suits under the New York State Labor Law. Here is the rub, while PAID is designed to "quickly provide 100% of the back wages due" to employees, under applicable federal law employees who bring suit can recover liquidated damages, or 200% of the back wages, plus attorneys' fees and costs. In fact, under the NYS labor law, if unpaid wages are found to have been willful, recovery jumps to a possibility of 400% of the back wages. So, ask yourself, would you be happy, as an employee, in only getting 100% when you can recover 400%. For employers, it seems like a much better strategy in mitigating exposure to negotiate tailored settlements with each individual employee who is owed wages where the employer should obtain a release prior to ever considering revealing evidence to the government and alerting those employees as to their rights, no? 

Don't forget that an employee can seek a penalty under paid family leave and potentially, if there is also discrimination involved, which is frequently the case when paid family leave is wrongfully denied, an employee can also recover emotional support damages. 

So, if an employer utilizes the PAID program, an employee should immediately consult with an employment attorney and pursue getting paid the damages that they are due. 

If you’re facing wage, leave, or discrimination issues, consult with the experienced employment attorneys at Lieb at Law, P.C. to protect your rights and develop a winning strategy.

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Explained: Acting as Your Own Broker and Earning Commission When Buying Property in NY

Under New York law you may act as your own broker when purchasing real estate, and secure a commission, but there are several important considerations.

First, you do not need to be a member of REBNY or NAR to earn a commission. In fact, REBNY and NAR have expressly stepped out of the commission enforcement role following the Sitzer/Burnett v. NAR litigation and the March/Friedman v. REBNY litigation. That said, there is no longer an automatic right to commission simply by being a licensed real estate broker. Instead, you must confirm whether the seller (or the seller’s listing broker) is offering a buyer-side commission. If not, you may need to “gross up” your offer to include the amount of the commission you expect to earn. Either way, a party to the transaction can share commission pursuant to RPL 442(2). 

The antitrust lawsuits removed the centralized practice of posting cooperative commission offers on MLS/RLS systems, but they did not prohibit private commission arrangements. Many listing agreements still authorize listing brokers to offer compensation to buyer brokers. When representing a third party, note that any commission paid by the listing broker cannot exceed the amount stated in your buyer-broker agreement, if you are a real estate licensee.

You do not need to sign a REBNY or NAR co-brokerage agreement to participate in a transaction and you do not need to associate with another brokerage firm solely to collect a commission if you are a party to a transaction.

For reference about REBNY & NAR being out of the commission game, see:

• REBNY RLS Compensation Fields Update

• NAR Settlement FAQs

Practice Tip: As brokerage counsel, Lieb at Law strongly advises reviewing the specific listing agreement and, if applicable, the settlement documentation of the listing broker to determine what commission terms govern your deal. For smaller brokerages that have not issued their own settlement forms, the default terms from Sitzer/Burnett typically apply. Keep in mind that REBNY litigation is ongoing and not at final disposition, so these rules may continue to evolve. Updated September 2025. 

Have questions about brokerage law? Lieb at Law counsels real estate brokers and salespersons on commission disputes, licensing issues, compliance with REBNY and NAR rules, and the impact of recent antitrust litigation. Call 646.216.8009 or email info@liebatlaw.com to speak with Lieb at Law today.

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FTC Drops Non-Compete Ban: What Employers and Employees Need to Know About Enforceability

On September 5, 2025, the Federal Trade Commission gave up on its federal non-compete ban. As a result, employees who are subject to non-competes can no longer expect a white night, in the form of the FTC, to free them from their handcuffs when seeking to jump jobs. Instead, non-competes will once again need to be evaluated on a case-by-case basis for enforceability by counsel prior to an employee considering their options and a new employer considering hiring while being subject to a tortious interference with a contract claim. Otherwise, questions like the non-compete's duration, scope of activities, and geographic restrictions will be before the courts. Judges will need to determine if an employee had specialized training or investment from the employer, whether the non-compete concerns a job function dealing with trade secrets and conditional information, and how goodwill was utilized in forming the customer relationship. Then, there is the issue of the enforceability of liquidated damages clauses (predetermined damages for breach) and whether the court will fully strike an overly broad non-compete or instead blue pencil it into a more modified non-compete. Either way, employers who cannot gamble as to what a judge will do and face deep-pocket competitors, who will happily battle out poaching a start employee, should consider garden leave where the employee remains on payroll for the period of the non-compete to avoid ever having to earn a living otherwise while preserving loyalty for as long as the employer seeks. 

Facing a Non-Compete Issue?
Whether you’re an employer seeking to enforce an agreement or an employee evaluating your options, Lieb at Law can help. Our attorneys are experienced in litigating restrictive covenants, negotiating employment agreements, and advising on strategies to protect your rights and business interests.

📞 646-217-8009

✉️ info@liebatlaw.com

Contact us today to schedule a consultation.

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Remote Work and the ADA: Why Employers Should Think Twice Before Mandating Return to Office

Smith v. District of Columbia should embolden all disabled employees, whose disability necessities remote work to perform the essential function of their job, in their reasonable accommodation requests. 

Interestingly, this case stems from a court employee of the Superior Court for the District of Columbia. Here, plaintiff was in remission from breast cancer and operatively, was permitted to work remotely for over 2 years because COVID heightened her health risks where she received exemplary reviews, but was then instructed to return to the office under a hybrid rotational schedule, which caused her to resign based on a failure to accommodate her health-related needs. 

The issue before the Court was whether return to office was an essential function of the case-specific job, and thus, the refusal to return would pose an undue hardship, which would permit the employer to deny the accommodation request. To determine this issue, the Court advised that: 

• "The plaintiff bears the burden of showing by a preponderance of the evidence that she has a disability but can perform the essential functions of the job with a reasonable accommodation."
• “Essential functions are ‘the fundamental job duties of the employment position.’”  
• "In determining what duties are 'fundamental,' the ADA expressly provides that 'consideration shall be given to the employer’s judgment as to what functions of a job are essential.'" 
• “[I]f an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.” 
• "Also relevant are the “work experience of past incumbents in the job.” 
• "The current work experience of incumbents in similar jobs.”  
• "Whether the employer actually requires employees in the position to perform the functions that the employer asserts are essential” and “[i]f so, then the question of essentiality comes down to ‘whether removing the function would fundamentally alter that position.’

During the case, the "Defendant identified a list of no less than 18 public-facing job function," which were substantiated by "[t]he written job description... and a USA job posting." Additionally, plaintiff failed to identify any comparator "who worked only from home." In all, the evidence demonstrated a very good case for a hardship, except for plaintiff's prior remote work where she "received the highest overall performance ratings during this time," where her work was even described as "exemplary."

In all, the Court held that because "she was able to perform the job at the highest levels while working remotely for two years[, a] reasonable juror may conclude from that fact that the on-site elements of the job were marginal, rather than essential."

The lesson is simple - employers who give remote work and then take it away, by requiring return to office whereby they argue that in-office is an essential function of the job, are going to have a hard time getting failure-to-accommodate cases dismissed on summary judgment.  

If your employer denied your request for remote work or other accommodations related to your disability, you don’t have to face it alone. Contact Lieb at Law, P.C. today to discuss your rights and legal options.

From Texas to New York: Understanding Pregnancy Discrimination Protections at Work

The federal Pregnant Workers Fairness Act has been effective since June 27, 2023 and requires reasonable accommodations and prohibits the denial of job opportunities incident to pregnancy from both public and private employers based on the need for such an accomodation. To illustrate, the law provides pregnant employees the right to obtain reasonable accommodations to go to medical appointments and to limit their job function incident to restrictions on movement, except if such function is an essential job function. Under the law, victims can file a charge with the Equal Employment Opportunity Commission (EEOC), within 180 or 300 days (based on whether the applicable state has a Fair Employment Practices Agency), and then, after receiving a right to sue letter from the EEOC, they can sue their employers, in court, for back pay, front pay, emotional distress damages, punitive damages, and attorneys' fees. 

However, after the Pregnant Workers Fairness Act passed, the US District Court for the Northern District of Texas temporarily blocked its enforcement against the State of Texas, as an employer, based on arguments that it was passed unconstitutional by proxy voting in violation of the Constitution's Quorum Clause. Now, the Fifth Circuit Court of Appeals brought it back to life as against the State of Texas.

While this is great for pregnant Texas employees, pregnant employees throughout the United States should not just stop at leveraging this federal law when exercising their rights because this law is just a floor of rights under which other federal, state, and local laws may not fall.

For example, a pregnant worker in New York is also protected by the State's Human Rights Law, which has been protecting victims from pregnancy discrimination since 1974. In fact, the New York State Division of Human Rights has published a comprehensive Guidance on Pregnancy Discrimination and Reasonable Accommodations of Pregnancy-Related Conditions for Employers in New York State. The guidance explains that in 2015, the Human Rights Law was amended to expressly address the rights of those with a "pregnancy-related condition," rather than just affording those rights to the extent that pregnancy caused a disability, which was separately protected under the Human Rights Law. Under either route under the Human Rights Law, a pregnant worker can bring a case in state court or before an administrative tribunal at the Division of Human Rights while seeking compensation for the emotional distress, lost wages, and attorneys' fees incident to their employer's failure to accommodate their reasonable needs or if such employee experiences an adverse employment action due to their pregnancy status.

Even further, as of 2025, New York because the first state in the nation to offer Paid Prenatal Leave for prenatal care or any medical care related to pregnancy in an amendment to Labor Law 196-b. Now, privately-employed pregnant workers are able to receive an additional 20 hours of paid sick leave for prenatal care in addition to their existing sick leave, which includes physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy. Interestingly, under this Paid Prenatal Leave law, employers cannot even ask pregnancy employees to disclosure confidential information about their health as a condition of use, which when exercised is to be paid at normal hourly rates and enforced by the Department of Labor. 

Additionally, and regardless of the state that the victim is located, other federal laws also protect pregnant workers from discrimination, including Title VII, which was amended by the Pregnancy Discrimination Act of 1978, and which prohibits discrimination based on pregnancy, childbirth, or related medical conditions with respect to adverse employment actions. This law requires employers to treat pregnancy workers the same as other temporarily disabled employees and to provide health benefits to pregnant workers to the extent otherwise provided to other workers. Additionally, the federal Americans with Disabilities Act (ADA) separately protects pregnant workers' pregnancy related conditions that qualify as a disability from discrimination. Both Title VII and the ADA are enforceable to the same extent as the federal Pregnant Workers Fairness Act, by filing a charge with EEOC and suing thereafter in federal court. 

Finally, pregnant workers should also pay attention to the Family and Medical Leave Act (FMLA), that provides unpaid job-protection for certain family and medical leave reasons, and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which amends the Fair Labor Standards Act to give rights to nursing mothers at work, which is enforceable by private lawsuit, but with a 10 day notice for compliance provision. 

In all, pregnant workers enjoy a lot of job related protections and while the federal Pregnant Workers Fairness Act now being applicable to Texas state workers is important, employers and employees alike need to take a deep dive into understanding all of the applicable pregnancy employment rights before a misstep causes a very expensive lawsuit.

If you believe your employer has denied you pregnancy-related accommodations or treated you unfairly because of your pregnancy, you don’t have to navigate it alone. Lieb at Law, P.C. represents employees in New York, New Jersey, Connecticut, and Colorado in pregnancy discrimination and accommodation cases. Contact us today to protect your rights and explore your legal options.

Match.com’s $14M Settlement: Why Connecticut Beats New York for Class Actions for Unfair Trade Practices

Match.com and its sister dating sites, like Hinge and Tinder, just agreed to pay $14 million after the FTC settled with them for using scammer accounts to lure people into paid subscriptions, hiding restrictive promo terms, and making cancellation so tricky you’d think you were breaking out of prison.

Even though Match.com settled with the FTC, that doesn't mean that consumers can't sue next in a class action lawsuit where consumers can recover even more money. If you’re thinking of bringing this class action, as the class representative, where you bring the lawsuit really matters in what results you can expect.

Connecticut vs. New York

In CT, the Connecticut Unfair Trade Practices Act ("CUTPA") lets consumers recover punitive damages with no cap. Plus, if you couple the lawsuit with another cause of action, like identity theft under CGS 52-571h, which provides for treble damages (triple your actual damages), the sky would be the limit as we recently saw when the CT Supreme Court ruled that a Plaintiff could recover both together (treble + punitive) in White v. FCW Law Offices. That means if the bad behavior is really bad, the award can climb into serious money. Plus, CUTPA provides for attorneys’ fees if you win.

While NY has a similar law, General Business Law § 349, that also allows treble damages, it caps them at just $1,000. Moreover, the statute does not provide for punitive damages where a separate cause of action that provides for punitive damages would be necessary to obtain them in NY and even then, NY courts keep them relatively low as compared to CT. In other words, in New York, even a slam-dunk case can hit a low ceiling.

When a company tricks consumers, with items like fake account messages, buried terms, and/or intentionally hard cancellations, which in turn hurts thousands of people, a class action in CT (in Fed Court based on the diversity that would likely exist) could mean a much bigger payout for consumers than the same case in NY.

Even more important is picking a firm that knows various state laws and can guide you to the right forum that gives you the best opportunity and knows how to work the law to your advantage. 

So next time you hear about a big consumer case or deceptive business practice, remember the where and the who matter just as much as the what. The right state can mean the difference between a small payout and a meaningful recovery, and the right law firm will know exactly where and how to file to get you the best result.

If you believe you’ve been misled by a company’s deceptive practices, don’t leave money on the table. Contact Lieb at Law today to evaluate your potential class action claim. 

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Is Calling a Male Employee BALD Employment Discrimination?

Apparently, the UK thinks so, but what about in NYS?

In NYS, you'd have to prove that such a comment rose above a petty slight or trivial inconvenience so context would be everything. In such, we have questions:

1. Was it said as a joke or a slight?
2. Who said it - management or a co-worker?
3. When / Where was it said?
4. Was it only said once or repeatedly?
5. Did the victim ask for it not to be said and then, was it said again after?
6. Was it just said, or was the victim given clothing that called him "the bald guy"? 
7. Was it just a comment or an identity?
8. Were other bald men not called bald? 
9. What about bald women?
10. Did the victim have an underlying medical condition contributing to being bald - like cancer treatments? 

The list goes on, but the answer isn't simple. Regardless, NYS has a relatively low standard to prove hostile work environment discrimination under the New York State Human Rights Law. In contract, federal law, under Title VII, requires proof that the harassment was severe and pervasive, which would be much harder to prove. Either way, context is everything and eliciting the right evidence is what makes you win or lose this type of case. So, don't just ask an AI, sit down for a comprehensive consultation to learn whether you have a sexual harassment case. 

Use our Discrimination Case Checklist to see how your situation measures up, and then contact Lieb at Law to discuss your rights and options. Our team is here to help you determine if you have a case and fight for the justice you deserve.

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Think You Were Racially Discriminated Against at Work? You’re Not Alone - And Here’s How to Prove It

According to Survey on Racism, Discrimination and Health: Experiences and Impacts Across Racial and Ethnic Groups, a 2023 national study, these are the percentages of people who reported that they have experienced discrimination within the past year:

• White People = 38% 
• Black People = 54% 
• Latino People = 50%
• Asian People = 42%

Yet, believing that you were discriminated and proving it are two totally different things. 

The key to proving discrimination is that you can demonstrate an adverse employment action with respect to available of a job, or a term, condition, or privilege of employment, that occured BECAUSE of your race. 

The fact that you are black and something bad happens to you at work is not discrimination. However, the fact that something bad happens to you at work BECAUSE you are black is discrimination. 

The best way to prove that the adverse action occurred BECAUSE of your race is by having:

1. A comparator of a different race, in the same position, with the same essential job functions, who did not have the same adverse employment action or compensation;
2. Experienced a hostile environment in terms of discriminatory speech that was documented or witnesses - saying something to you that was offensive and tied to your race, like the N-Word;
3. Received false reasons for the actions taken - you can prove they are pretextual; or
4. Actions taken that expressly violate a company policy or procedure. 

If you believe you may have been a victim of workplace discrimination, the first step is understanding whether your experience meets the legal test. Use our Discrimination Case Checklist to see how your situation measures up, and then contact Lieb at Law to discuss your rights and options. Our team is here to help you determine if you have a case and fight for the justice you deserve.

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Are Company DEI Programs Going to Get Them Sued for Reverse Discrimination?

This past month, the Department of Justice issued guidance on Diversity, Equity, and Inclusion (DEI) for Funding Recipients, but every employer and employee (regardless of government funding) should take notice of this guidance because it explains a lot of acts that give rise to a reverse discrimination lawsuit and many employees now seem to have a good case. 

Federal law prohibits discrimination on the basis of protected characteristics like race, sex, and religion, and if you object to a policy you believe is discriminatory, you are legally protected from retaliation. The DOJ’s new guidance clarifies that all discrimination, including “reverse discrimination” is illegal, even when done with good intentions under a DEI label. 

This means that policies giving preferential treatment based on race or sex in hiring, promotions, or contracting are likely unlawful. Watch out for “diverse slate” mandates or quotas in hiring, as these are specifically called out by the DOJ as problematic. 

The government is also scrutinizing seemingly neutral terms like “cultural competence” when they are just used as a substitute for race. Notably, DEI training that segregates employees by race or promotes stereotypes can create a hostile environment and violate federal law. The main takeaway is clear: workplace policies must ensure equal opportunity for everyone, without exception, and calling a discriminatory policy DEI does not protect it from constituting actionable discrimination.