It can take some time for someone to realize that what they’ve experienced at work is unlawful discrimination. It can take even longer to try to resolve that issue within a company only to be unsuccessful (or worse – to suffer retaliation for coming forward) and need to go to higher authorities to seek a resolution.
Thanks to a law that took effect in 2024, New Yorkers now have a three-year statute of limitations for filing a complaint with the New York State Division of Human Rights. Previously, the statute of limitations was just one year from the date of the alleged incident (or most recent incident), with the exception of sexual harassment claims, for which the statute of limitations was already three years.
What kind of discrimination is covered?
The three-year statute of limitations applies to all types of discrimination covered by the New York State Human Rights Law. This covers employment discrimination based on “age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence.”
When she signed the bill into law, New York Gov. Kathy Hochul noted that the extended time frame “adds another layer to our collective responsibility to protect one another and create an environment that makes survivors feel safe.”
It can take time to process discriminatory actions
Those who advocated for the change referenced studies that showed that people who have experienced discrimination often aren’t able to process what happened to them right away. One state senator who supported the legislation noted, “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.”
Taking the step to report workplace discrimination of any kind – even to Human Resources personnel — can be a very difficult and brave one. Taking a claim to outside authorities or filing a lawsuit is even more challenging. Having experienced legal guidance and support can make all the difference.