ADDING TIME – NEW YORK LEGISLATOR SEEKS TO EXTEND ADMINISTRATIVE STATUTE OF LIMITATIONS FOR DISCRIMINATION CLAIMS

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By Kegan Andeskie, Esq.

In January 2023, Assemblywoman Nily Rozic (D WF-Fresh Meadows) introduced bill NYS S3255 to the New York State Assembly that would extend the administrative statute of limitations for discrimination-based claims from one year to three years.  If enacted, employees in New York would be subject to the longest administrative statute of limitations for employment-based discrimination claims in the nation.

At present, employees already have three years to file a claim in court under the New York State Human Rights Law and the New York City Human Rights Law.  However, employees seeking to file an administrative complaint with the New York State Division of Human Rights (“Division of Human Rights”) must do so within one year of the alleged discriminatory act (claims involving sexual harassment were already extended to three years in 2019).  The bill, if passed, would extend the deadline for administrative complaints to three years, the same time frame for complaints filed in the courts.

As of July 2023, the bill passed assembly and it is now awaiting a vote by the Senate.  If the Senate vote passes, it will be delivered to the Governor for signature.

Employers should be mindful of the shifting landscape of discrimination claims, and the potential for an extended time frame in which employees may file administrative complaints. 


Please contact an NFC team member if you have any questions or seek further assistance.

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