New York Extends Statute of Limitations for Discrimination Claims to Three Years
Effective February 15, 2024, the statute of limitations for unlawful discrimination under the New York State Human Rights Law (NYSHRL) becomes three years. Previously only claims for sexual harassment were subject to a three year statute of limitations under the NYSHRL, with all other claims of discrimination having a one year statute of limitations.
The NYSHRL is an expansive law that protects individuals from workplace discrimination. Protected categories under the NYSHRL include, without limitation, race, creed, color, national origin, citizenship or immigration status, actual or perceived sexual orientation, military status, sex (including pregnancy), disability, predisposing genetic characteristics, marital status, status as a victim of domestic violence, religion, prior criminal arrests or prosecutions that were terminated favorably for the individual, familial status, and gender identity or expression (including a person’s transgender status).
Importantly for business owners and managers, the NYSHRL imposes personal liability for unlawful discrimination not only on the business, but also on individuals who (1) have an ownership interest in the employer; (2) exercise control over personnel decisions; or (3) aided and abetted discriminatory conduct.
The expansion of the statute of limitations increases the potential liability of employers in New York as individuals will now have up to three years to bring a claim for alleged unlawful discrimination. To reduce the risk of business and personal liability, employers should review their employment policies and anti-discrimination practices and revise or update them as necessary.
If you have questions about your business’s employment practices, or are unsure about whether your business complies with applicable employment laws, please schedule a complimentary consultation with us through our online scheduling system.
Information contained in this blog is provided for informational purposes and does not constitute legal advice or opinion. You should consult with an attorney regarding the specifics of your matter or legal issue.