New year, new statute of limitations for complaints filed with NYSDHR

New York has extended the statute of limitations for administrative complaints under the New York State Human Rights Law (NYSHRL). On November 17, 2023, Governor Kathy Hochul signed into law Senate Bill S.3255, which amended Section 297-5 of the New York Executive Law. The amendment extends, from one year to three years, the time in which a person may file an unlawful discrimination complaint with the New York State Division of Human Rights (NYSDHR). The division is the administrative agency that investigates and enforces the NYSHRL.

What has changed

Before the recent amendment, the NYSHRL contained a one-year statute of limitations for all administrative claims of discrimination other than sexual harassment. The statute of limitations for administrative claims of sexual harassment was three years.

Under the new amendment, effective February 15, 2024, the statute of limitations for all administrative claims that arise on or after that date will be three years. Such claims include discrimination based on race, color, creed, national origin, citizenship or immigration status, age, sexual orientation, disability, military status, and other protected classes, as well as claims of unlawful retaliation under the NYSHRL.

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