Statute of Limitations for Filing a Claim Under New York State Human Rights Law

The New York State Human Rights Law (NYSHRL) prohibits discrimination in employment, housing, public accommodations, and other areas based on certain protected categories, such as race, colour, religion, national origin, sex, disability, and age.

If you believe that you have been discriminated against in violation of the NYSHRL, you have a limited amount of time to file a claim. The statute of limitations for filing a claim under the NYSHRL is:

• One year for all claims except sexual harassment.

• Three years for sexual harassment claims that occurred after August 12, 2020.

The statute of limitations begins to run on the date of the alleged discriminatory act. For example, if you were fired because of your race on January 1, 2023, the statute of limitations would expire on January 1, 2024.

There are a few exceptions to the statute of limitations. For example, the statute of limitations may be extended if you were a minor at the time of the discrimination, or if you were unaware of the discrimination until a later date.

Options for Filing a Claim

There are two ways to file a claim under the NYSHRL:

• File a complaint with the New York State Division of Human Rights (DHR). The DHR is a government agency that investigates and resolves discrimination complaints. To file a complaint with the DHR, you must complete a complaint form and submit it to the DHR.

• File a civil lawsuit in court. You can also file a civil lawsuit in court against the person or organisation that discriminated against you. To file a civil lawsuit, you must hire an attorney and file a complaint with the court.

Associated Costs

The cost of filing a claim under the NYSHRL will vary depending on the method you choose. Filing a complaint with the DHR is free. However, you may be required to pay a filing fee if you file a civil lawsuit in court. The filing fee will vary depending on the court in which you file your lawsuit.

In addition to the filing fee, you may also incur other costs associated with filing a claim, such as the cost of hiring an attorney. The cost of an attorney will vary depending on the complexity of your case and the experience of the attorney.

Conclusion

If you believe that you have been discriminated against in violation of the NYSHRL, it is important to act quickly. The statute of limitations is a deadline that you must meet in order to file a claim. If you miss the statute of limitations, you may be barred from filing a claim.

If you are considering filing a claim under the NYSHRL, it is important to speak with an attorney to discuss your options. An attorney can help you determine whether you have a case and can advise you on the best way to proceed.

What to Do If You Think You've Been Discriminated Against in New York State

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