New York Extends Statute of Limitations for Filing Claims of Unlawful Discrimination with the Division of Human Rights — New York Labor and Employment Law Report

By: Gianelle M. Duby

On Nov. 17, 2023, Gov. Kathy Hochul signed Senate Bill S.3255, which amends Section 297 of the New York Executive Law by extending the statute of limitations for filing complaints of unlawful discrimination with the Division of Human Rights (DHR) to three years.

Prior to this change, the law provided a three-year statute of limitations only for claims of sexual harassment and a one-year statute of limitations for all other claims of unlawful discrimination. As a result of this amendment, all complaints of unlawful discrimination must be filed with the DHR within three years of the alleged discriminatory practice.

The new statute of limitations will take effect on or about Feb. 15, 2024, and will apply to all unlawful discriminatory practice claims that arise on or after the effective date.

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