What are the deadlines under the New York City Human Rights Law?

The rules

New York City Commission on Human Rights

One year (Admin. Code § 8-109(e)). For gender-based harassment, three years after the harassing conduct (§ 8-109(e)).

City Human Rights Law, in court

Three years (Admin. Code § 8-502(d)), paused while a complaint is pending with the City Commission or the State Division, and while a court reviews the dismissal of that complaint.

Within 10 days of suing

Serve a copy of the complaint on the City Commission and the Corporation Counsel (§ 8-502(c)).

Choosing where to file

• Choosing an agency can close the courthouse. Filing with the State Division or the City Commission can bar a later lawsuit on the same claim (Exec. Law § 297(9); Admin. Code § 8-502(a)).
• EEOC referrals do not count. An EEOC charge that the EEOC refers to the State or City agency is not an election (§ 8-502(a)).
• Administrative-convenience dismissals generally preserve your right to sue (§ 8-502(b)). But if the dismissal was caused by your own “malfeasance, misfeasance or recalcitrance,” the three years were not paused while the complaint was pending (§ 8-502(e)).
• After a lawsuit, the Commission cannot take the same grievance unless the suit was dismissed or withdrawn without prejudice (§ 8-109(f)).

What is unsettled?

Since May 11, 2024, a term in an employment-related agreement that shortens these periods is void (§§ 8-109(e-1), 8-502(d-1)). Whether that reaches agreements signed earlier, and deadlines in arbitration agreements, has not been decided; see the notes for lawyers.

What should I gather?

• The date of each act you want to challenge.
• Any agency complaint or EEOC charge you filed, with dates.
• Any arbitration agreement or other agreement with a deadline in it.

For the State and federal periods, see New York employment claim deadlines; for which appellate court hears a case, see which court decides my case.