Whether you are an employer or an employee, it is important to know the employment laws that may affect you or your company. One aspect of employment law important to both employees and employers is the time limit requirements on claims arising from an employer's violation of labor and employment laws. These time limits are known as statutes of limitations. The applicable statute of limitations varies depending on the type of claim and where the claim is brought. A complaint can made in court or filed with a federal, state, or local agency. Each employment law claim has its own statute of limitations.
Under the New York State Human Rights Law (NYSHRL), it is unlawful for an employer to discriminate based on an individual's age, race, creed or religion, color, national origin, sexual orientation or gender identity/expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence.
The NYSHRL provides that discrimination complaints can be filed against an employer with the New York Division of Human Rights (DHR) within one year of the last alleged act of discrimination (or three years for gender-based harassment). A bill currently in the New York Senate would expand this statute of limitations to three years for all discrimination-based claims. Alternatively, an employee can opt to not file a complaint with DHR and instead bring a lawsuit in the...
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