Governor Kathy Hochul extended the statute of limitations, giving those who have suffered illegal discrimination more time to sue their perpetrators.
The new rule, which went into effect Thursday, extends the statute of limitations for filing a complaint with the New York State Division of Human Rights from one year to three years.
“New York State remains committed to promoting the safety, dignity and respect of survivors as the tide of hate rises across our country,” the governor said. “This new statute of limitations adds another layer to our collective responsibility to protect each other 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 a claim. With this new amendment to the law, all unlawful discrimination claims for incidents occurring from now on can be filed within three years of the alleged discrimination. Incidents that have occurred before 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 bringing all discrimination claims in a New York court under the Human Rights Act remains three years. For complaints filed with the Division of Human Rights alleging workplace sexual harassment that occurred after August 12, 2020, the statute of limitations remains three years from the most recent incident.
The commissioner of the state’s Human Rights Division, María Imperial, indicated that although a three-year statute of limitations for sexual harassment in employment has been in effect since 2020, this new amendment applies to all forms of discrimination in under the Human Rights Law.
“It significantly expands the rights of all survivors of discrimination and helps increase the responsibility of employers, housing providers, public accommodations, and educational institutions to comply with the State Human Rights Law at all times,” Imperial said.
Assemblywoman Nily Rozic noted that limited statutes of limitations can perpetuate a culture of silence and neglect, leaving survivors of discrimination and harassment without recourse.
“This new law will dismantle these barriers, creating a legal environment that prioritizes transparency, accountability and the well-being of survivors,” said the legislator.
“Until now, victims of illegal discriminatory practices have not had a short enough period of time to file administrative complaints with the Division of Human Rights,” said State Senator Brad Hoylman-Sigal. “As we learned through the Adult Survivors and Child Victims Acts, processing violence or harassment can take time and we should not deprive people of the opportunity to obtain justice simply because of a deadline that is extremely difficult to meet.”
Where to report
New Yorkers who have experienced discrimination can file complaints with the New York State Division of Human Rights online, by mail, or in person. For more information about the law and the agency’s work, visit the Division’s website at www.dhr.ny.gov or call 1-888-392-3644.
2024-02-16 00:25:00
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