Governor Kathy Hochul today announced all New Yorkers who experience unlawful discrimination will have three years to file a complaint with the New York State Division of Human Rights. The new statute of limitations, which takes effect on February 15, 2024, was recently signed into law and extends the statute of limitations from one year to three years for filing unlawful discrimination claims.
New York State Division of Human Rights Commissioner Maria Imperial said, “This bill provides a more reasonable window of time for survivors of discrimination to bring their claim forward. While a three-year statute of limitations for sexual harassment in employment has been in effect since 2020, today’s amendment applies to all forms of discrimination under the State Human Rights Law. It significantly broadens the rights of all survivors of discrimination and helps raise the responsibility and liability of employers, housing providers, public accommodations and educational institutions to abide by the State Human Rights Law at all times. I applaud the sponsors and Governor Hochul for this important legislation.”
State Senator Brad Hoylman-Sigal said, “Until now, victims of unlawful discriminatory practices have had an insufficiently short time period to file administrative complaints within the Division of Human Rights. As we learned through the Adult Survivors and Child Victims Acts, processing violence or harassment can take time and we should not deprive people of a chance at justice simply due to a deadline that is extremely difficult to meet. I’m proud that Governor Hochul signed our bill with Assembly Member Rozic to raise the statute of limitations for all administrative unlawful discriminatory practice complaints from one to three years. Today, as that law goes into effect, we take an important step towards making New York State a place that supports those who have been harmed, rather than one that uses technicalities to protect their abusers.”
Assemblymember Nily Rozic said, "Limited statutes of limitations can perpetuate a culture of silence and neglect, leaving survivors of discrimination and harassment without recourse. This new law will dismantle these barriers, creating a legal environment that prioritizes transparency, accountability, and the well-being of survivors. I thank Governor Hochul for her dedication to creating a safer and more equitable New York for all."
Prior to the enactment of this legislation, the New York State Human Rights Law allowed survivors of discrimination one year, from the date of the alleged incidents, to file an unlawful discrimination claim with the NYS Division of Human Rights. With this new amendment to the law, all unlawful discrimination claims for incidents occurring on or after February 15, 2024, can be filed within three years of the alleged discrimination to the NYS Division of Human Rights. Incidents occurring on or before February 14, 2024 would still require a claim to be filed within one year of the incident, or three years for sexual harassment in employment.
The statute of limitations for filing all discrimination complaints in a New York court under the Human Rights Law remains three years. For complaints filed with the Division of Human Rights alleging sexual harassment in the workplace that occurred after August 12, 2020, the statute of limitations remains three years from the most recent incident.
In emphasizing the necessity for the bill, advocates referenced studies showing that survivors of discriminatory experiences often have difficulty processing discriminatory incidents within the current filing timeframe, leaving survivors without legal remedy after the personal healing process.
New Yorkers who have experienced discrimination can file complaints with the NYS Division of Human Rights online, by mail, or in person. For more information about the law and the work of the agency, please visit the Division’s website at www.dhr.ny.gov or call 1-888-392-3644.