How Long Do I Have To File An Employment Discrimination Complaint?

If you've been a victim of workplace discrimination you know how deeply this experience can impact you. In addition to the obvious financial implications, you might have feelings of depression or anxiety which make it difficult for you to come to grips with your situation.

The New York State Division

of Human Rights provides one avenue for you to file a complaint against your employer, but there is a time limit for filing. This means that you have a certain number of months or years since the date of the incident to take action. This important date is either the most recent act of discrimination, or if you were fired, the date of termination.*

The good news is that New York State has recently extended the time for victims to file a complaint from one to three years.

Prior to 2019, discrimination complaints were required to be filed within one year of the incident. This is critical because filing a complaint triggers an investigation by the Division of Human Rights which could lead to a hearing and compensation for the victim.

The list of possible reasons for discrimination is extensive and includes:

• Race

• Creed

• Color

• National origin

• Sexual orientation

• Military status

• Sex

• Age

• Marital status

• Domestic violence victim status

• Disability

• Immigration/Citizenship status

• Pregnancy-related condition

• Predisposing genetic characteristics

• Prior arrest or conviction record

• Gender Identity or Expression

• Familial status

• Lawful source of income (in housing only)

• Retaliation for opposing unlawful discriminatory practices

Note that the Division of Human Rights also addresses discrimination for incidents outside the workplace, such as housing discrimination.*

In 2019, the period of time for filing sexual discrimination complaints was extended from one to three years, recognizing that it often took victims more time to process their treatment and decide to take action. In early 2024, the same three year statute was extended to all types of complaints. Visit the Division of Human Rights website for specific effective dates and other important information.

This is good news for victims of discrimination, but the process can be daunting and filing a complaint may not be the best course of action for everyone. No one should file a complaint without careful consideration of all available options.

If you are a victim of discrimination, don't let too much time pass. Keep your options open by discussing your situation with a qualified attorney who can advise you on the best course of action.

Learn more:

File a Complaint | Division of Human Rights

*File a Complaint, dhr.ny.gov/complaint (retrieved 11/19/2024)