Workers Now Have Three Years to Seek Redress after Workplace Discrimination
In any legal matter, when you look to the courts for a remedy, you must comply with the statute of limitations, which identifies the length of time within which you must file your complaint with the court. If you fail to take action within that prescribed period, the chances are strong that you’ll be prohibited from any type of recovery. There are compelling reasons for this rule:
- It ensures that any dispute is resolved while memories remain fresh
- It minimizes the risk that evidence will be lost or that witnesses will die or disappear
- It ensures that a potential defendant won’t have the threat of legal action hanging over his or her head indefinitely
In the state of New York, until earlier this year, the statute of limitations for a claim of unlawful discrimination in the workplace was one year. Effective February 15, 2024, that period has been extended to three years, similar to the statute of limitations for sexual harassment claims.
What Types of Discrimination Are Illegal in New York?
As an employer in New York, you may not discriminate against a worker or employee based on any of the following factors:
- Race, color or creed
- Gender, gender identity or sexual orientation
- National origin, alienage or citizenship status
- Age or perceived age
- Disability
- Marital or partnership status
- Pregnancy, childbearing or caregiver status
- Arrest or conviction record
How Is an Unlawful Discrimination Claim Filed in New York?
An employee may opt for one of three methods for initiating a wrongful discrimination claim:
- The New York Division of Human Rights
- An office of the Equal Employment Opportunity Commission
- The New York City Commission on Human Rights (for residents of New York City)
Let Stephen Hans & Associates Handle Your Employment Law Concerns
At Stephen Hans & Associates, our attorneys are glad to answer your questions and provide legal advice. Years of experience have provided us with extensive knowledge regarding employment law. We have successfully represented many employers throughout the greater New York City area in litigation involving workplace disputes. Our offices are conveniently located in Long Island City with easy access from Manhattan.