New York Extends Statute of Limitations for Filing Claims of Unlawful Discrimination with the Division of Human Rights

November 27, 2023

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.

The extension of the time to file administrative complaints of unlawful discrimination is yet another example of the state’s efforts to strengthen employee rights and protections. Employers will likely see an increase in the number of complaints regarding discrimination in the workplace. Employers should be sure to consult with legal counsel to prevent and address any claims of unlawful discrimination.

If you have any questions about the information presented in this information memo, please contact Gianelle M. Duby, any attorney in Bond’s labor and employment practice or the Bond attorney with whom you are regularly in contact.