To bring a claim under the New York State Human Rights Law, Executive Law §296, (New York’s Anti-Discrimination Law), you have the following time-limitations:
1.
Suing a Private Party:
a. An administrative complaint can be brought within
1 year of the alleged unlawful discriminatory practice per Executive Law
§297(5).
b. An administrative complaint for cases of sexual harassment
in employment can be brought within 3 years of the alleged unlawful discriminatory
practice per Executive Law §297(5).
c.
A court case can be brought within 3 years of
the alleged unlawful discriminatory practice per Koerner v. State, 62
NY2d 442 (1984).
2. Suing the Government: In addition to the rules
to sue a private party, when suing the government, you also may have to file a
Notice of Claim, within 90 days of the alleged unlawful discriminatory
practice, prior to bringing suit. This requirement depends on who you are suing,
but never applies to administrative complaints per Freudenthal v. County of
Nassau, 99 NY2d 285 (2003), and is reserved only for court cases. Here is
the complete list of when a Notice of Claim is required to be filed within 90
days of the discrimination throughout New York State:
a. Village
Government – Notice of Claim, pursuant to CPLR §9801, is likely not required,
but no case is directly on point. The applicable statute seems to mirror General Municipal Law §50-i in its limitations and thus would be subject to
b.
Town Government – Notice of Claim, pursuant
to Town Law §67, is required by Arnold v. Town of Camilus, 2021 WL
326886 (NDNY 2021) and Picciano v. Nassau County Civil Service Com'n.,
290 AD2d 164 (2nd Dept 2001).
c. City Government – Notice of Claim, pursuant
to General Municipal Law §§ 50-e & 50-I, is NOT required per Margerum v.
City of Buffalo, 24 NY3d 721 (2015).
d. School District – There is a split of authority as to whether Notice of Claim, pursuant to Education Law §6224, is required. Washington v. Borough of Manhattan Community College, 2016 WL 7410717 (SDNY 2016) and McKie v. LaGuardia Community College/CUNY, 85 AD3d 453 (1st Dept 2011) say it is required while Keles v. Yearwood, 265 F.Supp.3d 466 (EDNY 2017) says it is not required.
e.
Public Library – Notice of Claim, pursuant
to General Municipal Law §§ 50-e & 50-I, is NOT required per Margerum v.
City of Buffalo, 24 NY3d 721 (2015).
f. County Government – Notice of Claim, pursuant to County Law §52 as interpreted by Hami v. Chenango County, 2022 WL 1001530, (NDNY 2022) and also, by Picciano v. Nassau County Civil Service Com'n., 290 AD2d 164 (2nd Dept 2001) is required.
g. State
Government – Notice of Claim is NOT required, except Notice of Intention
required if filing in Court of Claims on an election of forums.
h. Federal Government – State discrimination claim is wholly unavailable and must proceed with federal anti-discrimination statute.
To bring a claim under Federal Law, the type of
discrimination will impact how much time you have to bring a claim.
1.
If your claim is for housing discrimination:
a.
An administrative complaint can be brought
within 1 year of the alleged unlawful discriminatory practice per 42 USC §3610.
b. A court case can be brought within 2 years of
the alleged unlawful discriminatory practice per 42 USC §3613(a)(1)(A).
2.
If your claim is for employment discrimination:
a.
A condition precedent to bringing a court case
or proceeding to an administrative hearing is filing with the EEOC either [per
42 U.S.C.A. § 2000e-5(e)(1)]:
i. 180
days; or
ii. 300
days if your proceeding initially institutes with a state or local agency
having “authority to grant or seek relief,” and New York State has such authority.
b. If you are a federal sector employee (i.e., work
for the federal government), be warned, your limitations period is just 45 days
for you to contact the EEO Counselor at your place of employment / prospective
place of employment per 29 CFR §1614.105
