Public Employees in New York: Notice-of-Claim Rules and Shorter Deadlines

State and local governments in New York are employers under the New York State Human Rights Law, just as private businesses are.⁠^[9] But the steps and the time limits for a lawsuit can be very different depending on which kind of public body is the employer. The sharpest example is a school district: under New York State law a written verified claim has to be presented within three months and the lawsuit started within one year, even when the claim is brought under the State Human Rights Law.⁠^[1][2]

A notice of claim is a written notice that some statutes make a condition of suing a public body. It is separate from the lawsuit, it comes first, and its time limit is counted in days or months: 90 days under General Municipal Law § 50-e, three months under Education Law § 3813.⁠^[10][1] For the full list of time limits, see every deadline for a New York workplace claim.

Are public employers covered by the discrimination laws at all?

Yes. Under the New York State Human Rights Law (NYSHRL), the State of New York is the employer of employees and officials of the state executive, legislature and judiciary, and a city, county, town, village or other political subdivision is the employer of its own officials and employees.⁠^[9] Federal law reaches them too: the federal regulations set out a specific procedure for EEOC charges where the respondent is a government, governmental agency or political subdivision.⁠^[11]

What changes is procedure. A private-sector worker suing in court under the NYSHRL has three years under CPLR 214(2).⁠^[12] The rules below can cut that period or add a step in front of it.

Which rule applies to my employer?

Employer	Notice step for a State Human Rights Law court claim	Time to sue on that claim
School district, board of education or BOCES	Written verified claim presented to the governing body within three months after the claim accrued.⁠[1]	One year after the cause of action arose.⁠[2]
County	County Law § 52 requires claims against a county, including "any other claim for damages arising at law or in equity," to be made and served in compliance with General Municipal Law § 50-e, whose period is 90 days after the claim arises; the Court of Appeals applied that requirement to an employment discrimination action in Mills v. County of Monroe (1983), with exceptions for public-interest actions and court-granted late notice.⁠[4][10][5]	County Law § 52 says every action on such a claim is commenced "pursuant to" General Municipal Law § 50-i.⁠[4]
City or other municipality where only General Municipal Law §§ 50-e and 50-i apply	None for the Human Rights Law claim itself.⁠[3][13]	Three years under CPLR 214(2).⁠[12]
Town	Town Law § 67 requires claims against a town "for damages for wrong or injury to person or property or for the death of a person" to be made and served in compliance with General Municipal Law § 50-e.⁠[14]	This guide does not state a separate period for towns; see the note below the table.
State of New York	A Human Rights Law damages claim may be brought in State Supreme Court.⁠[6]	This guide states no special period for a claim against the State in Supreme Court; the general period for a State Human Rights Law court action is three years under CPLR 214(2).⁠[12]

The table covers court claims under the State Human Rights Law. Whether Town Law § 67 reaches discrimination claims is not settled here, so the town row reports the statute's words and nothing more.⁠^[14] Federal agencies follow a separate federal process, covered in the 45-day rule for federal employees.

School districts: three months and one year

Under New York State Education Law § 3813(1), no action "for any cause whatever" may be maintained against a school district, board of education or BOCES unless a written verified claim was presented to the governing body within three months after the claim accrued and the body has failed to adjust or pay it for 30 days.⁠^[1] The Court of Appeals, New York's highest court, has treated an employment discrimination damages claim under the Human Rights Law as subject to that section.⁠^[1]

The second limit is the time to sue. Section 3813(2-b) bars any action against these bodies more than one year after the cause of action arose, "notwithstanding any other provision of law providing a longer period of time."⁠^[2] In Matter of Amorosi v. South Colonie Independent Central School District (2007), the Court of Appeals held that this one-year period governs a damages claim for workplace discrimination under Executive Law § 296 against a school district.⁠^[2]

A court can extend the time to serve the notice of claim, but under § 3813(2-a) the extension cannot exceed the time limited for starting the action.⁠^[15] In Amorosi the employee resigned in January 2004 and applied for leave to serve a late notice in September 2005; the Court said the statute left the trial court without discretion to grant the application.⁠^[15] The Court also noted that tort claims against a school district follow the notice rules of General Municipal Law § 50-e instead.⁠^[15]

Counties: County Law § 52

Under New York State law, County Law § 52(1) covers claims against a county "for damage, injury or death, or for invasion of personal or property rights, of every name and nature," and "any other claim for damages arising at law or in equity," and directs that they be made and served in compliance with General Municipal Law § 50-e.⁠^[4] Section 50-e sets a 90-day period, measured from when the claim arises, for serving a notice of claim.⁠^[10]

In Mills v. County of Monroe (1983), the Court of Appeals held that when an employment discrimination action is brought against a county, failure to file a timely notice of claim is fatal unless the action was brought to vindicate a public interest or a court has granted leave to serve late notice.⁠^[5] The employee there sued under Executive Law § 296 for a termination, sought money damages for herself, never filed a notice, and her complaint was dismissed as one enforcing a private right.⁠^[5] The Court noted that a court may extend the time to serve the notice, but not beyond the time limit for starting the action.⁠^[5] In 2015 a concurring judge of the Court of Appeals pointed out the result: an action against a county alleging Human Rights Law violations would need a notice of claim while the same type of action against a city would not, which the judge called an inconsistency the Legislature might choose to address.⁠^[13]

County Law § 52 also says that every action on such a claim "shall be commenced pursuant to the provisions of section fifty-i of the general municipal law."⁠^[4] Section 50-i sets one year and 90 days for the personal injury, wrongful death and property damage actions it covers.⁠^[10] This guide does not state how courts apply that cross-reference to a discrimination claim against a county; it is a question to raise with a lawyer early.

Cities and other municipalities: the Margerum rule and its limits

In Margerum v. City of Buffalo (2015), the Court of Appeals held that a notice of claim need not be filed for a State Human Rights Law claim against a municipality, because Human Rights Law claims are not "tort" actions under General Municipal Law § 50-e and are not personal injury, wrongful death or property damage claims under § 50-i.⁠^[3]

The holding has a boundary. The rule the Court quoted with approval applies "in a jurisdiction where General Municipal Law §§ 50-e and 50-i provide the only notice of claim criteria."⁠^[13] It does not displace County Law § 52 or Education Law § 3813, which use broader words.⁠^[4][1]

It also covers only the Human Rights Law claim. For tort claims where a notice of claim is required, New York State law sets 90 days for the notice and one year and 90 days to start a personal injury, wrongful death or property damage action against a city, county, town, village, fire district or school district.⁠^[10]

State employees

Money damages suits against the State of New York normally go to the Court of Claims, but the Court of Appeals held that the Human Rights Law implicitly consents to suit in another forum, so a State employee's Human Rights Law damages claim may be brought in State Supreme Court (New York's trial-level court).⁠^[6] If a claim against the State is brought in the Court of Claims instead, Court of Claims Act § 10 sets its own short periods: for a claim "not otherwise provided for," filing and service on the Attorney General within six months after accrual, or within two years if a written notice of intention is served within the six months.⁠^[16]

Federal court is narrower for State employees. Under federal law, the Eleventh Amendment bars suits in federal court by state employees to recover money damages from the State under Title I of the ADA, although the ADA's standards still apply to States and can be enforced by the United States and by private individuals seeking injunctive relief.⁠^[7] The Supreme Court reached the same result for private ADEA damages suits against a State.⁠^[8]

Federal claims against state and local employers

The federal charge process still applies. Under federal law, a Title VII charge must be filed within 300 days where proceedings were first instituted with a State or local agency (180 days otherwise), and the EEOC's New York District Office gives 300 days for New York.⁠^[17][18] Where the respondent is a government, governmental agency or political subdivision, the EEOC issues the right-to-sue notice only when it dismisses the charge; in other cases, including a requested notice, the Attorney General issues it.⁠^[11] If conciliation with a government respondent fails, the EEOC refers the case to the Attorney General, who may sue.⁠^[19] The 90 days to file suit runs from that notice.⁠^[19] See the right-to-sue notice and the 90-day deadline.

Two more federal points matter for public employees. Punitive damages under Title VII cannot be recovered against a government, government agency or political subdivision.⁠^[20] And in the Second Circuit, the federal appeals court covering New York, 42 U.S.C. § 1981 provides no separate private right of action against state actors; the court said a claim against a city construed under 42 U.S.C. § 1983 fails without an allegation that the challenged acts were performed under a municipal policy or custom.⁠^[21]

Other rules that single out public employees

• Punitive damages under State law. Under the NYSHRL, punitive damages are not available against the State, local subdivisions or state and local agencies.⁠^[22] See punitive damages under federal, State and City law.
• Whistleblower claims. Under New York State Civil Service Law § 75-b, a public employee covered by a union contract with final and binding arbitration, or facing discipline under § 75, may assert retaliation before the arbitrator or hearing officer; the section gives a court action to an employee who is not subject to those procedures.⁠^[23] See Civil Service Law § 75-b.
• Wage-complaint retaliation. New York State Labor Law § 215 does not apply to employees of the State or of any municipal subdivision or department.⁠^[24]
• Union claims. Under New York State law, a claim that a union covered by the Taylor Law breached its duty of fair representation must be started within four months.⁠^[25] See union members, grievances and discrimination claims.

What people get wrong

• "You always need a notice of claim to sue a city" and "you never need one for discrimination." Both overstate the law. Margerum held that no notice of claim is needed for Human Rights Law claims where only General Municipal Law §§ 50-e and 50-i apply; counties and school districts are governed by County Law § 52 and Education Law § 3813.⁠^[3][4][1]

Practical steps if your employer is a public body

Find out exactly which legal entity employs you. A school district, a county and a city fall under different statutes, as the table above shows.⁠^[1][4][3] Your pay stub, appointment letter or union contract may name the employer. Write down the date of each event and count from the earliest one, using the shortest period that could apply. If you are also weighing an agency complaint, read choosing where to file and election of remedies first, and see missed a deadline? if a date has already passed.