Key points
- Three layers of law can apply to the same events, and each has its own filing place: the EEOC for federal statutes, the State Division of Human Rights or a court for the New York State Human Rights Law, and the NYC Commission on Human Rights or a court for the New York City Human Rights Law.[1]
- Employer size changes the answer: Title VII covers employers with 15 or more employees, the State Human Rights Law covers all employers within the State, and most City employment provisions exclude an employer with fewer than four persons.[2][3][4]
- Deadlines differ by layer and forum: 300 days for a federal Title VII charge at the EEOC in New York, three years for a State Division complaint or a court action under the State Human Rights Law, and one year for a City Commission complaint under the City Human Rights Law (three for gender-based harassment).[5][6][7][8][9]
- Filing a complaint with the State Division or the City Commission generally bars a court suit on the same State or City claim, so where a claim is first filed has legal consequences.[10]
- Under New York State law, a suit against a school district has shorter limits: a written verified claim within three months after the claim accrued and a lawsuit within one year.[11][12]
Before you report, file, sign or quit, ten facts about your situation decide which laws protect you, how long you have, and where a claim can go. Federal law, the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) can all apply to the same events, each with a different filing place.[1] This checklist takes the questions in order, says why each one matters, and points to the guide that covers it. It does not tell you what to choose.
Answer question 5 first if anything happened more than a few months ago. Some limits are very short: a complaint of retaliation under the federal Occupational Safety and Health Act is due within 30 days.[13] All the limits are in every deadline for a New York workplace claim.
1. Where do you work, and where did it happen?
The City law applies only to conduct with the required connection to New York City.[1] A person who does not live in New York City has to plead and prove that the conduct had an impact within the city, and a decision made at a New York City office is not enough by itself.[14] The State law uses the same impact test for people who do not live in New York State.[15] The State law also reaches certain acts committed outside the State against a New York resident.[16]
Go to: the three layers of law and remote work and out-of-state workers.
2. How large is your employer, and what kind of employer is it?
| Layer | Employer-size rule |
|---|---|
| Federal | Title VII covers an employer with 15 or more employees; the ADA's employment title uses the same count[2][17] |
| New York State | The NYSHRL covers all employers within the State; the definition has no minimum[3] |
| New York City | For most employment provisions, the NYCHRL does not apply to an employer with fewer than four persons in its employ throughout the relevant period[4] |
The kind of employer matters as much as its size. Federal employees use a separate process that starts with an agency counselor within 45 days.[18] State, county, city and school district employers raise the questions in item 6. Go to: is my employer covered? and small businesses and family-owned employers.
3. What is your working relationship?
Employee, independent contractor, intern, freelancer and domestic worker are not treated alike in every layer. In New York City, the NYCHRL's employee protections apply to interns, freelancers and independent contractors.[19] Under the NYSHRL, an employer may be liable to a contractor, vendor, consultant or other non-employee working in its workplace when it knew or should have known of an unlawful discriminatory practice and failed to take immediate and appropriate corrective action.[20] The only individuals the NYSHRL excludes from "employee" are people employed by their own parents, spouse or child.[21]
Go to: who is protected and independent contractors and gig workers.
4. What happened, and what is it connected to?
Unfair treatment alone is not a legal claim. New York's highest court declined to recognize a general tort of wrongful or abusive discharge, and an at-will termination is limited only by the constitution, a statute or an express contract term.[22][23] So the question is whether the treatment is tied to a protected characteristic or to something the law protects you for doing.
- Harassment. Under federal law, harassment is actionable only if it is severe or pervasive enough to alter the conditions of employment.[24] Under the NYSHRL, the test is whether the harassment subjects a person to inferior terms, conditions or privileges of employment because of a protected category, whether or not it would be considered severe or pervasive.[25] Under the NYCHRL, the question is whether the person was treated less well because of a protected characteristic.[26] Start with what is a hostile work environment? and unfair or illegal?
- Disability. The ADA, the NYSHRL and the NYCHRL each have their own definition of disability.[27][28][29] Under the ADA and the NYSHRL, refusing a reasonable accommodation is a violation unless it would impose an undue hardship, and in New York City it is also a violation to fail to engage in a cooperative dialogue within a reasonable time.[30][31][32] Start with disability discrimination: an overview.
- Retaliation. The NYSHRL protects a person who opposed a forbidden practice, filed a complaint, testified or assisted in a proceeding, or requested a reasonable accommodation.[33] New York State's whistleblower statute, Labor Law § 740, separately protects an employee who discloses to a supervisor or public body an employer practice the employee reasonably believes violates a law, rule or regulation.[34] Start with protected activity: what counts.
5. When did each thing happen?
Write down a date for every event, because each layer and forum counts differently.
| Layer | Agency filing | Court |
|---|---|---|
| Federal (Title VII, ADA) | EEOC charge within 300 days in New York[5][6][35] | Within 90 days after the EEOC's notice of right to sue[36] |
| New York State (NYSHRL) | Division of Human Rights complaint within three years, for acts on or after February 15, 2024[7] | Three years[8] |
| New York City (NYCHRL) | Commission complaint within one year; three years for gender-based harassment[9] | Three years[37] |
Other statutes have their own periods, such as two years for a court action under Labor Law § 740.[38] Go to: the master deadlines table, old incidents and the continuing violation rule and missed a deadline?
6. Is your employer a government body or a school?
Under New York State law, no action may be maintained against a school district, board of education or BOCES unless a written verified claim was presented within three months after the claim accrued, and the lawsuit itself has a one-year limit that the Court of Appeals has applied to a workplace discrimination claim under the NYSHRL.[11][12] The Court of Appeals has 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 vindicates a public interest or a court has granted leave to serve late notice; the Court described the notice period as generally 90 days after the claim arises.[39][40] A State employee can bring an NYSHRL damages claim against the State in State Supreme Court.[41]
Go to: public employees and notice-of-claim rules and federal employees and the 45-day rule.
7. Are you in a union?
Under federal law, a collective bargaining agreement that clearly and unmistakably requires union members to arbitrate federal age discrimination claims is enforceable.[42] Claims against a union for failing to represent a member fairly have short limits of their own: four months for unions covered by New York's public-sector labor law, and six months in a private-sector case under federal labor law.[43][44] Go to: union members, grievances and discrimination claims.
8. What have you signed?
- An arbitration agreement. Under federal law a written arbitration agreement is generally enforceable, with an exception a person alleging sexual harassment or sexual assault can elect to use.[45][46] See arbitration agreements and class waivers.
- A shortened time to sue. In New York City, a contract term that shortens the time to bring NYCHRL claims is unenforceable.[47] Outside the City law, New York courts enforce a written, reasonable shortened period, and in March 2025 an appellate court enforced a six-month clause in a job application.[48] See agreements that shorten your time to sue.
- A severance agreement or release. Under federal law, a waiver of age discrimination claims is valid only if, among other things, the worker is given at least 21 days to consider it, or 45 in a group program, and at least 7 days to revoke.[49] Even after signing a release, a person can still file a charge with the EEOC.[50] See severance agreements.
9. Have you already reported or filed anything?
Under State and City law, a complaint filed with the State Division or the City Commission is an election: the person generally cannot then sue in court on the same claim.[10] It runs the other way too. A person with a court action pending cannot file a State Division complaint on the same grievance, and the City Commission says it cannot take a complaint already filed with another court or agency.[51][52] The City Commission also says it no longer automatically cross-files employment claims with the EEOC.[53]
Check what you actually filed. A State Division report, a City Commission online form and an EEOC portal inquiry are not yet a complaint or a charge.[54][55][56] Go to: election of remedies, dual filing and how to report to your employer.
10. What outcome do you want, and are you still in the job?
Forums offer different things. The State Division lists remedies that can include reinstatement, back pay with interest, policy changes and compensation for emotional pain and suffering.[57] A State Division hearing is held before an Administrative Law Judge, while a party seeking compensatory or punitive damages under Title VII in federal court may demand a jury.[58][59] For a person represented by a New York lawyer, the State's Statement of Client's Rights says the client is entitled to have the client's objectives respected, including whether or not to settle.[60]
If you are thinking of resigning, read question 5 again and then quit or stay? and constructive discharge. For what a claim can recover, see damages in a New York case.
Two things to do while you work through the list
Keep what you have. In New York courts, a party that destroys evidence it had an obligation to preserve, with a culpable state of mind, can face sanctions.[61] Do not delete texts, emails or posts. Practical steps are in building a record, and the limits on recording are in can I record my boss?
Know where legal advice can and cannot come from. The State Division says no attorney is needed to file with it, and also says its investigators cannot give legal advice to any party.[62] Free and low-cost help lists hotlines and legal aid offices, and preparing for a consultation explains what to bring.
Common questions
What is the first thing to work out about a workplace claim in New York?
Which layers of law apply. Federal, State and City law can all cover the same conduct, but each has its own coverage rules and its own place to file.[1] Title VII reaches only employers with 15 or more employees, while the New York State Human Rights Law covers all employers within the State.[2][3] The City law applies only where the conduct has the required connection to New York City.[1]
How do I know which deadline applies to me?
Match each claim to its layer and forum. Under federal law, the EEOC's New York District Office says a charge is due within 300 days of the alleged harm.[5][6] Under the State Human Rights Law a Division of Human Rights complaint and a court action each have three years.[7][8] Under the City Human Rights Law, a Commission complaint is due in one year, three for gender-based harassment, and a court action in three years.[9][37] A suit against a school district has one year, and a New York court has enforced a signed six-month clause.[12][48]
Does it matter if I already called or filed something with an agency?
Yes. Under State and City law, a complaint filed with the State Division or the City Commission generally prevents a court suit on the same claim, with exceptions for certain dismissals.[10] A charge filed with the EEOC and merely referred to those agencies does not count as that kind of filing.[63] A report or inquiry that has not become a signed complaint or charge is a different thing again.[54][55][56]
Why does it matter whether I signed an arbitration agreement?
Under the Federal Arbitration Act a written arbitration agreement in a contract involving commerce is valid, irrevocable and enforceable, which can move a dispute out of court.[45] Federal law makes an exception: a person alleging a sexual harassment or sexual assault dispute may elect to keep a case relating to that dispute out of a pre-dispute arbitration agreement.[46]
Should I quit before I decide what to do?
Quitting has legal effects of its own. Under federal law a resignation is treated as a discharge only when working conditions became so intolerable that a reasonable person in the employee's position would have felt compelled to resign.[64] Under New York State unemployment law, a person who leaves a job voluntarily without good cause is disqualified from benefits until they have worked again and earned a set amount.[65]
Sources
- 42 U.S.C. § 2000e-5(e)(1), (f)(1); N.Y. Exec. Law § 297(1), (9); N.Y.C. Admin. Code §§ 8-109(a), 8-502(a); 28 U.S.C. § 1367(a) — New York State Senate, Laws of New York
- 42 U.S.C. § 2000e(b) — Legal Information Institute, Cornell Law School
- N.Y. Exec. Law § 292(5) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-102 ("Employer"). — New York City Commission on Human Rights
- EEOC, New York District Office, "Timeliness" (read 5 Oct 2026) — U.S. Equal Employment Opportunity Commission
- 42 U.S.C. § 2000e-5(e)(1) — Legal Information Institute, Cornell Law School
- N.Y. Exec. Law § 297(5) — New York State Senate, Laws of New York
- N.Y. C.P.L.R. 214(2); N.Y. Exec. Law § 297(9) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-109(e) — New York City Commission on Human Rights
- N.Y. Exec. Law § 297(9); N.Y.C. Admin. Code § 8-502(a)-(b) — New York State Senate, Laws of New York
- N.Y. Educ. Law § 3813(1); Matter of Amorosi v. South Colonie Ind. Cent. School Dist., 9 N.Y.3d 367, 370-371 (2007) — New York State Senate, Laws of New York
- N.Y. Educ. Law § 3813(2-b); Matter of Amorosi v. South Colonie Ind. Cent. School Dist., 9 N.Y.3d 367, 369 (2007) — New York State Senate, Laws of New York
- 29 U.S.C. § 660(c)(2) — Legal Information Institute, Cornell Law School
- Hoffman v. Parade Publs., 15 N.Y.3d 285, 289-291 (2010). — static.case.law
- Hoffman v. Parade Publications, 15 N.Y.3d 285, 289, 291 (2010) — static.case.law
- N.Y. Exec. Law § 298-a(1)–(3) — New York State Senate, Laws of New York
- 42 U.S.C. § 12111(5)(A) — Legal Information Institute, Cornell Law School
- 29 C.F.R. §§ 1614.105(a)(1), 1614.106(b), 1614.407(a)-(d) — Legal Information Institute, Cornell Law School
- N.Y.C. Admin. Code § 8-107(23); Local Law 172 of 2019. — New York City Commission on Human Rights
- N.Y. Exec. Law § 296-d — New York State Senate, Laws of New York
- N.Y. Exec. Law § 292(6) — New York State Senate, Laws of New York
- Murphy v. American Home Products Corp., 58 N.Y.2d 293, 302 (1983) — CourtListener, Free Law Project
- Murphy v. American Home Products Corp., 58 N.Y.2d 293, 305 (1983) — CourtListener, Free Law Project
- Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 67 (1986) — Library of Congress, United States Reports
- N.Y. Exec. Law § 296(1)(h) — New York State Senate, Laws of New York
- Williams v. New York City Hous. Auth., 61 A.D.3d 62, 78 (1st Dep't 2009); Mihalik, 715 F.3d at 110. — static.case.law
- 42 U.S.C. § 12102(1) — Legal Information Institute, Cornell Law School
- N.Y. Exec. Law § 292(21) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-102 (definition of "Disability") — New York City Commission on Human Rights
- 42 U.S.C. § 12112(b)(5)(A)–(B) — Legal Information Institute, Cornell Law School
- N.Y. Exec. Law §§ 296(3)(a), 292(21-e) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-107(28)(a) — New York City Commission on Human Rights
- N.Y. Exec. Law § 296(1)(e), (1)(h), (7) — New York State Senate, Laws of New York
- N.Y. Lab. Law § 740(2)(a) — New York State Senate, Laws of New York
- 42 U.S.C. § 12117(a) (incorporating 42 U.S.C. § 2000e-5) — Legal Information Institute, Cornell Law School
- 42 U.S.C. § 2000e-5(f)(1) — Legal Information Institute, Cornell Law School
- N.Y.C. Admin. Code § 8-502(c), (d), (e) — New York City Commission on Human Rights
- N.Y. Labor Law § 740(4)(a)-(b) — New York State Senate, Laws of New York
- N.Y. County Law § 52(1); Margerum v. City of Buffalo, 24 N.Y.3d 721, 732-733 (2015) (Read, J., concurring) (describing Mills v. County of Monroe, 59 N.Y.2d 307, 309 (1983)) — New York State Senate, Laws of New York
- Mills v. County of Monroe, 59 N.Y.2d 307, 308–312 (1983) — CourtListener, Free Law Project
- Koerner v. State of New York, Pilgrim Psychiatric Ctr., 62 N.Y.2d 442 (1984); Kimmel v. State of New York, 29 N.Y.3d 386, 393-394 (2017) — CourtListener, Free Law Project
- 14 Penn Plaza LLC v. Pyett, 556 U.S. 247 (2009) (syllabus) — Legal Information Institute, Cornell Law School
- N.Y. C.P.L.R. 217(2)(a)-(b) — New York State Senate, Laws of New York
- DelCostello v. International Bhd. of Teamsters, 462 U.S. 151 (1983) (syllabus); 29 U.S.C. § 160(b) — Legal Information Institute, Cornell Law School
- 9 U.S.C. § 2 — Legal Information Institute, Cornell Law School
- 9 U.S.C. § 402(a) (Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, Pub. L. 117-90) — Legal Information Institute, Cornell Law School
- N.Y.C. Admin. Code §§ 8-109(e-1), 8-502(d-1) — New York City Commission on Human Rights
- N.Y. C.P.L.R. 201; Salati v. Northwell Health, 236 A.D.3d 951 (2d Dep't 2025) — New York State Senate, Laws of New York
- 29 U.S.C. § 626(f)(1)(A)-(G) — Legal Information Institute, Cornell Law School
- 29 U.S.C. § 626(f)(4); EEOC, "Q&A – Understanding Waivers of Discrimination Claims in Employee Severance Agreements" (issued July 15, 2009; Appendix B revised April 2010) — U.S. Equal Employment Opportunity Commission
- N.Y. Exec. Law § 297(9) — New York State Senate, Laws of New York
- N.Y.C. Admin. Code § 8-109(f); NYC Commission on Human Rights, "Complaint Process" (page read Oct. 5, 2026) — New York City Commission on Human Rights
- NYC Commission on Human Rights, "Complaint Process" — "Note about CCHR & EEOC Dual Filing" (page read Oct. 5, 2026) — New York City Commission on Human Rights
- N.Y.S. Division of Human Rights, "Report Discrimination" and "What To Expect" — New York State Division of Human Rights
- NYC Commission on Human Rights, "Contact Us"; "Report Discrimination" (pages read Oct. 5, 2026) — New York City Commission on Human Rights
- EEOC, "EEOC Public Portal" (page read Oct. 5, 2026) — U.S. Equal Employment Opportunity Commission
- N.Y.S. Division of Human Rights, "Public Hearings" — "What happens after a Public Hearing?" — New York State Division of Human Rights
- N.Y.S. Division of Human Rights, "Public Hearings"; N.Y. Exec. Law § 297(4)(a) — New York State Division of Human Rights
- N.Y. C.P.L.R. 4101; 42 U.S.C. § 1981a(c); Fed. R. Civ. P. 38(a)-(b) — New York State Senate, Laws of New York
- 22 NYCRR § 1210.1 — Legal Information Institute, Cornell Law School
- Pegasus Aviation I, Inc. v. Varig Logistica S.A., 26 N.Y.3d 543, 547-548 (2015) — New York State Unified Court System
- N.Y.S. Division of Human Rights, "Report Discrimination" — New York State Division of Human Rights
- N.Y. Exec. Law § 297(9); N.Y.C. Admin. Code § 8-502(a) — New York State Senate, Laws of New York
- Pennsylvania State Police v. Suders, 542 U.S. 129, 141 (2004) — Legal Information Institute, Cornell Law School
- N.Y. Labor Law § 593(1)(a)-(b) — New York State Senate, Laws of New York