Legislature Extends Statute of Limitations on Administrative Actions

When you’ve been the victim of discrimination in the workplace in the state of New York, you have the right to take legal action to put an end to the wrongful conduct and seek damages for the disparate treatment. If your employer has 15 or more employees, you will be protected by federal law and can initiate a complaint through the federal Equal Employment Opportunity Commission (EEOC). However, if there are fewer than 15 employees where you work, you will need to seek remedies under state law.

Under New York state law, you have two options. You can file a civil lawsuit alleging wrongful discrimination. Alternatively, you can file an administrative complaint with the New York State Division of Human Rights, asking that your allegations be investigated and that the New York Human Rights Law be enforced. Until November, 2023, though, such a complaint had to be filed within one year of the date of any wrongful conduct. Effective February 15, 2024, the time period for filing with the Division of Human Rights will be extended to three years, pursuant to Senate Bill S.3255, signed by Governor Kathy Hochul on November 15, 2023.

New Law Brings Administrative Actions in Line with Civil Lawsuits

The statute of limitations for civil lawsuits alleging illegal discrimination has been three years. However, until the November amendment to New York law, the only discrimination complaints that could be filed with the New York Division of Human Rights after one year were sexual harassment claims. Under the new law, virtually any claim of discrimination, including claims based on race, color, creed, sexual orientation, gender, disability, citizenship, immigration or military status, as well as unlawful retaliation, will have a three-year statute of limitations.

We Can Help Protect Your Employment Rights

At the Romero Law Group, PLLC, we handle a wide range of legal issues for employees in Nassau and Suffolk Counties; in Brooklyn, Queens, Manhattan and the Bronx; in Westchester; and across Northern New Jersey. We offer a free initial consultation to any employee with a potential employment law dispute. To schedule an appointment, contact our offices online or call us at (631)257-5588.