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December 5, 2023
Effective February 15, 2024, New York will extend the statute of limitations for filing complaints of discrimination with the Division of Human Rights (“DHR”) to three years. Previously, Section 297 of the New York Executive Law provided a three-year statute of limitations only for sexual harassment claims, and a one-year statute of limitations for all other claims of discrimination. This new statute of limitations will apply to all complaints of discrimination that arise on or after the effective date.
As a result, employers may see an increase in the number of complaints of discrimination filed with the DHR. Employers should consult with counsel for strategies to prevent and address complaints of discrimination. Employers also should review their document retention policies to ensure they are keeping records for this three-year period. If you have any questions regarding this new statute of limitations or handling discrimination complaints in general, please contact us.
*Special thanks to Ava Petrellese, our Paralegal, for her contributions to this article.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
