1

I am looking for some clarification on the Statute of Limitations for both the New York State Human Rights Law and the New York City Human Rights Law.

Under Section 297 of the New York State Human Rights Law, it states one year unless in cases of sexual harassment in which case it's three:

  1. Any complaint filed pursuant to this section must be so filed within one year after the alleged unlawful discriminatory practice. In cases of sexual harassment in employment, any complaint filed pursuant to this section must be so filed within three years after the alleged unlawful discriminatory practices.

However, I have also found legal opinion from a 1995 case Van Zant v. KLM Royal Dutch Airlines that says Section 214 of Civil Practice Law & Rules (CVP) makes it three years:

Unlike Title VII's 300-day rule, the statute of limitations for actions under New York's Human Rights Law is three years. N.Y. Civ. Prac. L. R. 214(2).

Section § 8-109 of New York City Human Rights Law also specifies one year unless in cases of gender-based harassment in which case it's three:

(e) The commission shall not have jurisdiction over any complaint that has been filed more than one year after the alleged unlawful discriminatory practice or act of discriminatory harassment or violence as set forth in chapter 6 of this title occurred; provided, however, that the commission shall have jurisdiction over a claim of gender-based harassment if such claim is filed within three years after the alleged harassing conduct occurred.

Yet under Section § 8-502 Civil Action by Persons Aggrieved by Unlawful Discriminatory Practices it states three years although I am confused by what distinguishes the features of "unlawful discriminatory practices":

d. A civil action commenced under this section must be commenced within three years after the alleged unlawful discriminatory practice or act of discriminatory harassment or violence as set forth in chapter 6 of this title occurred.

Is someone able to clarify exactly when the different Statues of Limitations are enacted?

Improve this question
2
  • 1
    So it looks like your confusion comes from a difference in Criminal and Civil complaints. It might help if you could narrow down the case in question to a generic summery.
    – hszmv
    Commented Mar 22, 2023 at 12:28
  • I don't have a case in mind, I am just wanting to understand when three years is used instead of one. If it's as simple as three years for Civil Cases and one year (with a sexual harassment exception) for Criminal then that seems like an answer.
    – A Dark Divided Gem
    Commented Mar 22, 2023 at 13:03

0

Reset to default

You must log in to answer this question.