New York City (New York State) Employment Law Statute of Limitations

Allred, Maroko & Goldberg helps New York employees understand and enforce their rights when they experience discrimination, sexual harassment, retaliation, wrongful termination, wage theft, or other workplace injustice. Employees must act within strict legal deadlines, and waiting too long can prevent an otherwise valid claim from moving forward.

New York City employees may be protected by federal law, the New York State Human Rights Law, the New York City Human Rights Law, the New York Labor Law, and other statutes. Each law can have a different filing period, administrative process, and deadline for bringing a lawsuit.

Founded by Gloria Allred—one of the nation’s most recognized civil rights attorneys—Allred, Maroko & Goldberg has spent decades representing employees against powerful employers and institutions. Gloria Allred is admitted to practice in New York, and the firm maintains a New York office at 111 Broadway in Lower Manhattan.

Call Allred, Maroko & Goldberg in New York today to schedule a confidential consultation.

What Is an Employment Law Statute of Limitations?

A statute of limitations is a legal deadline for filing a complaint, charge, or lawsuit. If an employee misses the applicable deadline, an employer may ask the agency or court to dismiss the claim regardless of the underlying misconduct.

Employment cases can involve more than one deadline. An employee may need to:

• File an administrative complaint
• Obtain a notice of right to sue
• File a lawsuit after receiving the notice
• Submit a notice of claim to a public employer
• Use a union grievance process
• Appeal an administrative decision
• File a wage claim with a labor agency

The deadline may run from the date of termination, discriminatory decision, retaliatory action, unpaid paycheck, or most recent act of harassment. An internal human resources complaint usually does not stop an external legal deadline from running.

What Are the Major New York Employment Claim Deadlines?

The following chart provides general filing periods. Exceptions, tolling rules, public-employer requirements, and election-of-remedies issues may change the correct deadline.

Employment claim or forum	General deadline
EEOC discrimination charge in New York	300 days
Federal lawsuit after EEOC right-to-sue notice	90 days
New York State Division of Human Rights complaint for conduct on or after February 15, 2024	3 years
NYSDHR complaint for most conduct on or before February 14, 2024	Generally 1 year
NYSDHR workplace sexual harassment complaint for conduct after August 12, 2020	3 years
New York State Human Rights Law court action	Generally 3 years
NYC Commission on Human Rights complaint	Generally 1 year
NYCCHR complaint involving gender-based harassment	3 years
New York City Human Rights Law court action	Generally 3 years
New York Labor Law Section 740 whistleblower lawsuit	2 years
Federal FMLA lawsuit	2 years, or 3 years for a willful violation
Federal Equal Pay Act lawsuit	2 years, or 3 years for a willful violation
New York minimum-wage lawsuit	Generally 6 years
Federal FLSA wage lawsuit	Generally 2 years, or 3 years for a willful violation

This chart should not be used to calculate a final filing date without reviewing the facts. The same workplace event can support multiple claims with different deadlines.

How Long Do You Have to File an EEOC Charge in New York?

Federal laws enforced by the Equal Employment Opportunity Commission include:

• Title VII of the Civil Rights Act
• The Americans with Disabilities Act
• The Age Discrimination in Employment Act
• The Genetic Information Nondiscrimination Act
• The Pregnant Workers Fairness Act
• Federal retaliation protections associated with these laws

The EEOC New York District Office states that an employee generally has 300 days from the alleged harm to file a charge involving race, color, national origin, sex, religion, disability, or age discrimination with a covered New York employer.

The 300-day period is shorter than three years. An employee who waits because a possible state or city claim has a three-year deadline may lose the ability to assert important federal claims.

The clock may run separately for discrete actions such as:

• Termination
• Failure to hire
• Denial of promotion
• Demotion
• Pay reduction
• Denial of accommodation
• Disciplinary action

Hostile work environment claims may involve a series of related acts, but employees should not assume that older incidents automatically remain actionable. Prompt filing is the safer approach.

How Long Do You Have to Sue After Receiving an EEOC Right-to-Sue Notice?

Filing an EEOC charge is not the final deadline. An employee pursuing most federal discrimination claims must generally obtain a notice of right to sue before filing a lawsuit.

The EEOC states that a lawsuit generally must be filed within 90 days after receipt of the right-to-sue notice. Missing this 90-day period may prevent the employee from pursuing the federal claim.

The deadline is measured in calendar days, not business days. Employees should save:

• The right-to-sue notice
• The email transmitting it
• The envelope and postmark
• Portal notifications
• Records showing when the notice was received

An employee should contact an attorney before requesting a right-to-sue notice. Once the notice is issued, the 90-day litigation period can move quickly.

If you are concerned that an employment deadline is approaching, contact Allred, Maroko & Goldberg today.

What Is the New York State Division of Human Rights Deadline?

The New York State Division of Human Rights investigates discrimination under the New York State Human Rights Law.

The New York State Division of Human Rights explains that:

• Complaints involving unlawful discriminatory acts occurring on or after February 15, 2024 generally may be filed within three years.
• Most complaints involving acts on or before February 14, 2024 remained subject to a one-year administrative deadline.
• Workplace sexual harassment complaints involving conduct after August 12, 2020 have a three-year administrative filing period.

The date of the alleged act matters. The 2024 expansion did not automatically revive every claim that had already expired under the former one-year deadline.

The deadline for filing a New York State Human Rights Law lawsuit in court generally remains three years. However, choosing an administrative complaint can affect the ability to file a court case.

What Is the New York City Commission on Human Rights Deadline?

Employees who experience discrimination within New York City may be able to file with the NYC Commission on Human Rights.

According to the NYC Commission on Human Rights, an administrative complaint generally must be filed:

• Within one year of the last alleged discriminatory act
• Within three years for gender-based harassment

Gender-based harassment can include sexual harassment and harassment based on sex, gender identity, gender expression, pregnancy, or another protected gender-related characteristic.

The New York City administrative deadline can be significantly shorter than the three-year period for a civil lawsuit. Employees should compare available forums before filing.

How Long Do You Have to File a New York City Human Rights Law Lawsuit?

A private lawsuit under the New York City Human Rights Law generally must be filed within three years after the unlawful discriminatory practice occurred.

New York City Administrative Code Section 8-502 creates the private right of action and establishes the three-year limitation period. The law also contains tolling and election-of-remedies rules that can affect the deadline.

Claims under the city law may involve:

• Sexual harassment
• Race discrimination
• National origin discrimination
• Age discrimination
• Disability discrimination
• Pregnancy discrimination
• Sex and gender discrimination
• Religious discrimination
• Sexual orientation discrimination
• Gender identity discrimination
• Retaliation
• Failure to provide reasonable accommodations

The New York City Human Rights Law frequently applies to smaller employers and offers broader protections than some federal laws. That does not eliminate the need to preserve federal claims by meeting the EEOC deadline.

Why Does the Election of Remedies Matter?

An employee may have a choice between filing an administrative complaint and proceeding directly to court. That choice can have major consequences.

The NYC Commission on Human Rights states that it generally cannot accept a complaint when the person has already filed a discrimination complaint based on the same facts with another court or agency. Filing with the New York State Division of Human Rights may also prevent a later state or city lawsuit based on the same allegations, subject to limited exceptions.

This is often called an election of remedies.

An employee should evaluate:

• Available damages
• Right to a jury trial
• Agency procedures
• Investigation time
• Ability to conduct discovery
• Attorney’s fees
• Punitive damages
• Employer size
• Whether federal claims must be preserved
• Whether administrative filing tolls a court deadline

Do not file with the first agency you find without understanding how that filing may affect other options.

Does Filing With the NYC Commission Preserve an EEOC Claim?

Not automatically.

The NYC Commission on Human Rights states that it no longer automatically cross-files employment discrimination claims with the EEOC. An employee who files with the city agency and may want to pursue federal claims should determine whether a separate EEOC filing is required.

Assuming that one agency automatically notified another can result in a missed 300-day federal deadline.

Employees should obtain confirmation of every filing, including:

• Filing date
• Agency name
• Charge or complaint number
• Laws included
• Whether the filing was cross-filed
• Whether a right-to-sue notice was requested or issued

How Long Do You Have to Bring a Sexual Harassment Claim?

The deadline for sexual harassment depends on the law and forum:

• EEOC charge: Generally 300 days in New York
• NYSDHR complaint: Generally three years for qualifying workplace sexual harassment
• NYCCHR complaint: Three years for gender-based harassment
• NYSHRL lawsuit: Generally three years
• NYCHRL lawsuit: Generally three years

A continuing hostile work environment may involve repeated conduct over time. However, a court or agency may treat discrete employment actions separately.

An employee should record the dates of:

• Sexual comments or advances
• Unwanted touching
• Explicit messages
• Complaints to management
• Employer investigations
• Schedule or assignment changes
• Retaliatory discipline
• Termination

A claim can involve both harassment and retaliation, and the clock for retaliation may begin on the date of the retaliatory act.

What Is the Deadline for Workplace Retaliation?

There is no single retaliation statute of limitations. The deadline depends on the right the employee exercised and the law creating the retaliation claim.

Possible deadlines include:

• EEOC retaliation charge: generally 300 days
• NYSDHR discrimination-retaliation complaint: potentially three years for qualifying recent conduct
• NYCCHR complaint: generally one year, or three years when the claim falls within the gender-based harassment period
• NYSHRL or NYCHRL lawsuit: generally three years
• New York whistleblower lawsuit under Labor Law Section 740: two years
• FMLA retaliation lawsuit: generally two years, or three years if willful

A retaliation claim may arise after an employee reports discrimination, requests an accommodation, takes protected leave, complains about unpaid wages, or reports suspected legal violations.

The deadline generally runs from the retaliatory act rather than the original complaint.

What Is the New York Whistleblower Claim Deadline?

New York Labor Law Section 740 protects qualifying employees who report or object to conduct they reasonably believe violates a law, rule, or regulation or presents a substantial and specific danger to public health or safety.

Under New York Labor Law Section 740, an employee generally must bring a civil action within two years after the alleged retaliatory action.

Protected conduct may include:

• Reporting suspected legal violations to a supervisor
• Providing information to a public investigation
• Refusing to participate in unlawful practices
• Reporting conduct that threatens public health or safety

The statute contains procedural requirements and exceptions. Employees should seek advice before making an external disclosure when possible.

What Is the Deadline for an FMLA Claim?

The federal Family and Medical Leave Act provides eligible employees with protected leave for qualifying medical and family reasons.

According to the U.S. Department of Labor, an FMLA lawsuit generally must be filed:

• Within two years after the last alleged violation
• Within three years when the violation was willful

Potential FMLA violations include:

• Denying qualifying leave
• Interfering with leave
• Failing to restore an employee
• Counting protected leave against the employee
• Retaliating because the employee requested or used leave

New York State and New York City leave laws may create separate rights with different complaint procedures and deadlines.

What Is the Deadline for an Equal Pay Claim?

Equal pay claims may arise under federal, state, and city laws.

The EEOC states that a federal Equal Pay Act lawsuit generally must be filed within:

• Two years of the discriminatory pay practice
• Three years when the violation was willful

An EEOC charge is not required before filing an Equal Pay Act lawsuit. However, pay discrimination may also violate Title VII, which generally requires an EEOC charge within 300 days.

Each discriminatory paycheck may affect the limitations analysis under certain laws. Employees should preserve pay stubs, job descriptions, salary information, and communications concerning compensation.

How Long Do You Have to Bring an Unpaid Wage Claim?

New York and federal wage claims can have different periods.

Under New York Labor Law Section 663, a civil action to recover minimum-wage or overtime underpayments generally must be filed within six years.

The New York Department of Labor’s administrative acceptance rules may be shorter. Its wage claim guidance states that Labor Standards generally will not accept claims involving wages or supplements owed from more than three years earlier.

Federal Fair Labor Standards Act lawsuits generally have a two-year limitation period, extended to three years for willful violations.

Waiting can reduce recoverable wages one pay period at a time. Preserve:

• Pay stubs
• Work schedules
• Time records
• Tip records
• Commission agreements
• Payroll messages
• Personal calendars showing hours
• Records of off-the-clock work

How Long Do You Have to File a Wrongful Termination Claim?

“Wrongful termination” is not one single statute. The deadline follows the law that made the termination unlawful.

Examples include:

• Discriminatory termination: EEOC, NYSHRL, or NYCHRL deadlines
• Whistleblower termination: potentially two years under Labor Law Section 740
• FMLA retaliation: two or three years
• Unpaid-wage retaliation: deadline under the applicable labor statute
• Breach of contract: potentially governed by a contract limitation period
• Public-policy or other statutory claims: deadline depends on the specific law

The termination date is often the critical date, even if an internal appeal, severance negotiation, or unemployment proceeding continues afterward.

Do not assume that negotiating severance pauses the deadline.

Are Deadlines Different for Public Employees?

Yes. Government employees may face procedures and deadlines that do not apply to private-sector workers.

Possible requirements include:

• A notice of claim
• A union grievance deadline
• A civil service appeal
• An Article 78 proceeding
• A federal-sector EEO deadline
• An internal administrative appeal
• A contractual arbitration deadline

Some public-sector deadlines can be measured in days or months rather than years. Federal employees generally must contact an EEO counselor within a much shorter period than private employees have to file an EEOC charge.

A public employee should obtain legal advice as soon as an adverse action occurs.

What Evidence Should You Preserve Before a Deadline Expires?

Employees should save relevant evidence lawfully, including:

• Offer letters and employment contracts
• Employee handbooks
• Performance reviews
• Awards and favorable feedback
• Disciplinary notices
• Accommodation requests
• Leave requests
• Complaints to human resources
• Emails, texts, and workplace messages
• Pay records and schedules
• Promotion applications
• Termination and severance documents
• Names and contact information for witnesses
• Agency filings and confirmation notices
• A private timeline of important events

Do not take confidential business records, trade secrets, or documents you are not authorized to possess.

Why Choose Allred, Maroko & Goldberg?

Allred, Maroko & Goldberg was founded nearly five decades ago by Gloria Allred, Michael Maroko, and Nathan Goldberg. The firm represents employees in cases involving sexual harassment, discrimination, wrongful termination, retaliation, whistleblowing, and civil rights violations.

According to the firm’s website, its attorneys have recovered more than $1 billion for clients. Past results do not guarantee future outcomes, but this history reflects the firm’s longstanding commitment to employee rights and justice.

Gloria Allred is admitted to practice in New York, and the firm maintains an office at 111 Broadway in Lower Manhattan. Employees turn to the firm for experienced representation against employers with substantial legal and financial resources.

Frequently Asked Questions About New York Employment Deadlines

Does complaining to human resources pause the deadline?

Usually not. An internal complaint generally does not stop an EEOC, agency, or court deadline unless a specific tolling rule applies.

Does severance negotiation extend the deadline?

Not automatically. Employees should continue calculating deadlines while negotiating severance unless a valid agreement expressly changes an applicable period and the law permits it.

Can I file with both the EEOC and NYCCHR?

Potentially, but current cross-filing procedures must be confirmed. The NYC Commission no longer automatically cross-files employment complaints with the EEOC.

What happens if I filed with the wrong agency?

The filing may or may not preserve claims in another forum. Contact an attorney immediately to determine whether correction, cross-filing, withdrawal, or another step is possible.

When does the clock start for a hostile work environment?

The analysis can involve the most recent act that is part of the same hostile environment. Discrete actions, such as termination or denial of promotion, may have separate deadlines.

Can a deadline be extended?

Limited tolling doctrines may apply in unusual circumstances. Employees should never assume an extension is available.

Which deadline controls if several laws apply?

Each claim retains its own deadline. An employee may need to satisfy the shortest deadline to preserve all available rights.

Take Action Before Your Employment Deadline Expires

New York employees may have strong protections under federal, state, and city law, but those protections are enforced through strict filing procedures. A three-year state deadline does not preserve a 300-day federal claim, and filing with one agency can affect the right to proceed elsewhere.

Allred, Maroko & Goldberg can evaluate the dates, claims, forums, and potential election-of-remedies consequences before time runs out.

Call Allred, Maroko & Goldberg in New York today to schedule a confidential consultation.

This page provides general information and does not constitute legal advice. Employment deadlines are highly fact-specific and may change based on the claim, employer, forum, and date of the conduct.