Fifteen Myths About Workplace Rights in New York

Several familiar beliefs about workplace rights in New York are federal rules mistaken for the State or City rule, or rules that were changed between 2018 and 2026. One example is "severe or pervasive": it is the federal harassment test under Title VII, and New York State law has rejected it for claims accruing on or after October 11, 2019.⁠^[2][3][4]

Each of the fifteen entries below states the belief, says what the law provides, names the layer of law (federal, New York State or New York City), and points to the guide that covers the subject in full.

Myths about firing and fairness

1. "I was fired unfairly, so I have a wrongful termination case."

What the law says. Under New York State common law, a job with no fixed term is presumed to be at will, and either side may end it at any time for any reason or for no reason.⁠^[13] The New York Court of Appeals declined to recognize a tort of abusive or wrongful discharge.⁠^[1] A firing is unlawful only when it has a constitutionally impermissible purpose, violates a statute, or breaks an express limitation in the individual employment contract.⁠^[14]

Read more: at-will employment and its limits.

2. "Small employers are exempt from discrimination law."

What the law says. That is a federal rule, and only in part. Federal Title VII covers an employer only if it has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.⁠^[15] The New York State Human Rights Law (NYSHRL) covers all employers within the state.⁠^[16] The State's old exclusion of employers with fewer than four employees was deleted by a 2019 amendment.⁠^[17] The New York City Human Rights Law (NYCHRL) generally does not apply to an employer with fewer than four persons in its employ, but a claim of gender-based harassment can be brought against any employer in New York City.⁠^[18][19]

Read more: which employers are covered.

Myths about harassment and hostile work environments

3. "Harassment has to be severe or pervasive to be illegal."

What the law says. Under federal Title VII, yes: harassment is actionable only if it is sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment.⁠^[2] Under the State Human Rights Law, harassment is unlawful regardless of whether it would be considered severe or pervasive; the question is whether it subjects a person to inferior terms, conditions or privileges of employment because of a protected characteristic.⁠^[3] That State provision took effect on October 11, 2019, and applies to claims accruing on or after that date.⁠^[4] Under the City Human Rights Law, the employee must show being treated less well than other employees because of a protected characteristic, and severity and pervasiveness go to the amount of damages.⁠^[20][5]

Read more: the federal test New York abandoned.

4. "My boss is a bully, so I have a hostile work environment claim."

What the law says. Each layer ties the claim to a protected characteristic. The U.S. Supreme Court has said Title VII does not prohibit all verbal or physical harassment at work; the employee must prove discrimination because of a protected class.⁠^[21] Courts have said the City Human Rights Law is not a general civility code, and that a boss who is merely overbearing or obnoxious to everyone does not violate it.⁠^[22] The State statute likewise speaks of inferior terms, conditions or privileges "because of" membership in a protected category.⁠^[3]

Read more: workplace bullying vs. illegal harassment.

5. "I have to quit first, or it does not count."

What the law says. The tests the three layers use for harassment do not turn on resignation. Under federal Title VII, harassment that creates a hostile or abusive work environment is unlawful even when the employee suffers no economic or tangible loss.⁠^[23] Under the City Human Rights Law, different treatment can be actionable even if the employee was not fired or demoted.⁠^[24] The State Human Rights Law asks whether harassment subjects a person to inferior terms, conditions or privileges of employment because of a protected category.⁠^[3] The opposite belief, that quitting ends any claim, is also wrong: under federal law a resignation is treated as a discharge when conditions became so intolerable that a reasonable person in the employee's position would have felt compelled to resign.⁠^[25]

Read more: constructive discharge.

6. "Without a witness, I have nothing."

What the law says. The law does not treat an eyewitness as the only kind of proof. Under federal law, where there is no direct evidence a Title VII plaintiff may start by establishing a prima facie case, and a prima facie case combined with sufficient evidence that the employer's stated justification is false may allow the fact-finder to conclude the employer discriminated.⁠^[26][27] In a federal retaliation case, causation can be shown indirectly, for example by showing that protected activity was followed closely by adverse treatment.⁠^[28] Under the State Human Rights Law, an employee does not have to identify another person who was treated better in order to prove harassment, and mental anguish may be proved by the complainant's own testimony, corroborated by the circumstances of the misconduct.⁠^[3][29]

Read more: building a record and how discrimination and retaliation are proved.

Myths about HR, reporting and retaliation

7. "HR is required to keep what I tell them confidential."

What the law says. New York State Labor Law § 201-g requires an employer's sexual harassment prevention policy to include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties.⁠^[30] That is not a promise of secrecy. The State's model policy says the investigation "will be kept confidential to the extent possible," and its procedure includes interviewing all parties and relevant witnesses and notifying both the complainant and the person accused when the investigation is complete.⁠^[31] Under the model policy, supervisors and managers are required to report suspected harassment to the person or office the employer designates.⁠^[32] At the federal level, the EEOC may not make a charge public, but it must serve notice of the charge on the employer within ten days of filing.⁠^[33][34]

Read more: is what I tell HR confidential?

8. "I have to report to HR before I can bring a claim."

What the law says. It depends on the layer. Under the State Human Rights Law, the fact that the individual did not complain about harassment to the employer is not determinative of whether the employer is liable.⁠^[3] Under the City Human Rights Law, the New York Court of Appeals held in 2010 that the federal defense based on an unused complaint procedure does not apply to sexual harassment and retaliation claims.⁠^[35] Federal law is different: where a supervisor's harassment did not result in a tangible employment action, an employer can avoid liability or reduce damages by proving that it exercised reasonable care and that the employee unreasonably failed to use the preventive or corrective opportunities it provided.⁠^[36]

Read more: do I have to report to HR first?

9. "Retaliation only counts if I was fired or demoted."

What the law says. Under federal Title VII, the test is whether a reasonable employee would have found the action materially adverse, meaning it well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.⁠^[37] The U.S. Supreme Court rejected the rule that limited retaliation claims to so-called ultimate employment decisions.⁠^[38] The City Human Rights Law says the retaliation need not result in an ultimate action or in a materially adverse change in the terms and conditions of employment, so long as it is reasonably likely to deter a person from engaging in protected activity.⁠^[39] Federal law does have a floor: reporting discrimination does not protect an employee from petty slights and minor annoyances.⁠^[38]

Read more: what counts as retaliation.

10. "If my complaint turns out to be wrong, I had no protection."

What the law says. Under federal law in the Second Circuit, a plaintiff may prevail on a retaliation claim even when the conduct complained of was not in fact unlawful, as long as the plaintiff had a good-faith, reasonable belief that it violated the law.⁠^[40] The belief has to be objectively reasonable.⁠^[41] The complaint also has to let the employer understand that it is about discrimination: the employer must have understood, or reasonably could have understood, that the complaint was directed at conduct Title VII prohibits.⁠^[42] New York State's model sexual harassment prevention policy says a person is protected from retaliation if they had a good-faith belief that the practices were unlawful, and that intentionally false charges are not protected.⁠^[43]

Read more: protected activity: what counts.

Myths about deadlines and where to file

11. "I have 180 days," or "I have one year."

What the law says. There is no single deadline. In New York the federal EEOC period is 300 days rather than 180, according to the EEOC's New York District Office, and the State Division period has been three years rather than one for claims arising on or after February 15, 2024.⁠^[6][8] One year is still the general period for a complaint to the NYC Commission on Human Rights.⁠^[9]

Layer and route	Deadline
Federal: EEOC charge	300 days from the alleged harm in New York, according to the EEOC's New York District Office⁠[6]
New York State: Division of Human Rights complaint	Three years after the alleged practice, for claims arising on or after February 15, 2024⁠[7][8]
New York State: court action	Three years⁠[44]
New York City: NYC Commission on Human Rights complaint	One year; three years for a claim of gender-based harassment⁠[9][45]
New York City: court action	Three years⁠[46]

For conduct before February 15, 2024, the State Division deadline was one year, except for workplace sexual harassment, for which it was three years.⁠^[47]

Read more: every deadline in one table.

12. "I can go to the agency first and sue later if I do not like the result."

What the law says. The State and City statutes limit that. Under the State Human Rights Law, a person may sue in court unless that person has filed a complaint on the claim with the Division of Human Rights or a local commission on human rights.⁠^[48] After a no-probable-cause dismissal of an employment complaint, the route under State law is judicial review, which has to be started within 60 days after service of the Division's order, not a fresh lawsuit.⁠^[49][50] Under the City Human Rights Law, a person who has filed with the NYC Commission on Human Rights or the State Division generally cannot also bring a City-law court action.⁠^[12] A charge that the EEOC files with the Division to satisfy federal requirements is treated differently: under State law it does not count as filing a complaint for this purpose.⁠^[51]

Read more: election of remedies.

13. "I filled out the online form, so I have filed."

What the law says. At all three agencies the first contact is not the filing. The State Division of Human Rights says a discrimination report "is not an official complaint yet," and that the complaint is officially filed when the signed document is returned.⁠^[52] The NYC Commission on Human Rights says its online form is not an official complaint and that the limitations period does not stop until a verified complaint is signed, notarized, and mailed or personally delivered.⁠^[53] The EEOC says that submitting an inquiry through its Public Portal is different from filing a charge of discrimination.⁠^[54]

Read more: choosing where to file.

Myths about money and disability

14. "Damages are capped at $300,000."

What the law says. That figure is the top tier of a federal cap. Under Title VII, the combined total of compensatory damages for future pecuniary losses and non-pecuniary harm plus punitive damages is capped per plaintiff at $50,000 for employers with 15 to 100 employees, rising to $300,000 for employers with more than 500.⁠^[10] Back pay is outside the federal cap.⁠^[55] The New York State Human Rights Law states no dollar limit on compensatory damages, and the City Human Rights Law's court-action section sets no dollar cap on compensatory or punitive damages.⁠^[11][12] Civil fines are a different thing: fines assessed by the State Division are paid to the State, and civil penalties under the City law go to the City's general fund.⁠^[56][57]

Read more: federal damages caps.

15. "A temporary injury is not a disability."

What the law says. None of the three layers states that rule. Under the federal Americans with Disabilities Act (ADA), the six-month "transitory" exception applies only to the "regarded as" part of the definition, and an impairment lasting fewer than six months can be substantially limiting.⁠^[58][59] The State Human Rights Law's definition of disability contains no requirement that an impairment substantially limit a major life activity, and a State regulation protects a current employee with a temporary disability who will be able to perform satisfactorily after a reasonable time for recovery.⁠^[60][61] The NYC Commission on Human Rights states in its guidance that temporary and short-term injuries may qualify as disabilities under the City law.⁠^[62]

Read more: what counts as a disability and temporary injuries and short-term conditions.

Other mix-ups, in brief

• "A settlement NDA stops me from going to an agency." Under New York State law, a confidentiality term in a discrimination settlement is void to the extent it restricts the complainant from initiating, testifying in or participating in an investigation by a local, state or federal agency.⁠^[63] See NDAs and confidentiality.
• "I can sue my manager personally under Title VII." Not in the Second Circuit, where a supervisor or coworker cannot be held personally liable under Title VII.⁠^[64] Individuals can be personally liable under the City Human Rights Law for their own discriminatory conduct, for aiding and abetting, and for retaliation.⁠^[65] See can I sue my boss personally?
• "Everyone gets 21 days to consider a severance agreement." The 21-day and 45-day consideration periods and the 7-day revocation period are federal conditions for a waiver of age-discrimination rights.⁠^[66] New York State separately gives a complainant up to 21 days to consider a confidentiality term in a discrimination settlement.⁠^[67] See how long to consider an agreement.
• "A workplace safety retaliation complaint has months to file." Under the federal Occupational Safety and Health Act, the complaint to the Secretary of Labor is due within thirty days after the violation.⁠^[68] See the retaliation deadlines table.
• "Settlements for discrimination are tax-free." Under federal tax law, only damages received on account of personal physical injuries or physical sickness are excluded from income, and emotional distress is not treated as a physical injury or sickness.⁠^[69] See are settlements taxable?

Terms used on this page are defined in the glossary, and the dated changes behind several of these myths are listed in what changed, 2018 to 2026.