NYS' Senate passed a bill, S345, on February 28, 2024, that would change the look-back period (a/k/a, statute of limitations) for employment discrimination in the State from 3 years to 6 years. 

Under Title VII, federally, employees only have 300 days to bring claims so moving the deadline for state claims from 3 years to 6 years would be huge.

How long is the right period that employees should be able to sue for employment discrimination? 

Do you think the Assembly should pass this bill or let it die like they did last time around?

In New York State and under the New York State Human Rights Law, a discrimination lawsuit generally must be commenced within three-years of the wrong complained of for the lawsuit to be timely and actionable. 

However, a federal employment discrimination case must be filed with the Equal Employment Opportunity Commission (EEOC) within 300 days of the wrong for a federal claim, under Title VII, to be actionable. Yet, no federal lawsuit can be filed until the EEOC issues a right to sue letter.

So, what happens when an employee wants to file both a federal and state claim? Specifically, what happens if the right to sue letter isn't issued until after the expiration of the three-year New York State deadline? 

The Appellate Division, First Department, just answered that question in Gabin v Greenwich House, Inc.

The court ruled that NYS Administrative Code section 8-502(d) tolls (a/k/a, freezes) the counting of the three-year period under state law during the period from when a charge is first filed with the EEOC until the right to sue letter is issued.