New Statute Extends Time to File an Unlawful Discrimination Claim, from One Year to Three Years.
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 remains committed to promoting safety, dignity, and respect for survivors as the tide of hate rises across our country," Governor Hochul said. "This new statute of limitations adds another layer to our collective responsibility to protect one another and create an environment that makes survivors feel safe.”
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.
No comments:
Post a Comment