One of the first questions I ask every potential client is: when did this happen? The reason is simple — employment claims in New York have strict deadlines, and missing them can permanently destroy an otherwise strong case. Courts do not grant extensions because you did not know about the deadline, because you were trying to resolve things internally, or because you were waiting to see how things played out. Once the clock runs out, it is usually over.

The deadlines vary significantly depending on what type of claim you have, which law you are filing under, and which forum you choose. Here is a breakdown of the most important timelines every New York employee should know.

Federal Discrimination Claims: 180 or 300 Days to File with the EEOC

If you want to bring a claim under federal anti-discrimination law — Title VII of the Civil Rights Act, the Americans with Disabilities Act, or the Age Discrimination in Employment Act — you must first file a charge with the Equal Employment Opportunity Commission (EEOC) before you can sue in federal court. This is a mandatory prerequisite, not optional.

The deadline to file with the EEOC is either 180 or 300 days from the date of the discriminatory act, depending on your state. Because New York has its own anti-discrimination agency (the Division of Human Rights), New York employees get the longer 300-day window. But 300 days passes faster than you think — it is less than ten months.

After you file with the EEOC and receive a "right to sue" letter, you have 90 days to file your lawsuit in federal court. Miss that 90-day window and your federal claim is gone.

New York State Human Rights Law: 3 Years

Claims under the New York State Human Rights Law (NYSHRL) have a three-year statute of limitations to file a civil lawsuit in state court. This is one of the most employee-friendly deadlines in the country, and it is one of the reasons New York state law is often a more powerful tool than federal law for discrimination and harassment claims.

You can also file an administrative complaint with the New York State Division of Human Rights (DHR) within three years of the discriminatory act. However, there is an important strategic consideration: once you file with the DHR, you generally cannot also pursue a lawsuit in state court on the same claim. The choice of forum matters, and it should be made with an attorney's guidance.

New York City Human Rights Law: 3 Years

The New York City Human Rights Law (NYCHRL) — which applies to employers within the five boroughs — also carries a three-year statute of limitations for civil lawsuits. The NYCHRL is one of the broadest anti-discrimination statutes in the country, and for employees who work in New York City, it is often the strongest basis for a claim.

Retaliation Claims

Retaliation claims follow the same deadlines as the underlying discrimination claims they are connected to. If you are retaliated against for reporting race discrimination, the deadline to file a federal EEOC charge is 300 days from the retaliatory act. State and city law retaliation claims follow the three-year deadline.

One important nuance: the clock runs from each discrete retaliatory act, not from when the retaliation began. If you experienced a series of retaliatory actions over time, the most recent acts may still be timely even if earlier ones are not.

Wrongful Termination Based on Contract: 6 Years

If your wrongful termination claim is based on a breach of an employment contract — rather than discrimination or retaliation — the statute of limitations is six years under New York's general contract law. This longer window applies when you have a written employment agreement, an offer letter with specific termination provisions, or other contractual protections that were violated.

Wage and Hour Claims

Claims for unpaid wages, overtime violations, or minimum wage violations under the New York Labor Law have a six-year statute of limitations — significantly longer than the federal Fair Labor Standards Act's two-year window (three years for willful violations). This is another area where New York state law is more protective than federal law.

Sexual Harassment: The Adult Survivors Act Window Has Closed

New York's Adult Survivors Act opened a one-year lookback window in 2022–2023 for sexual assault claims that would otherwise have been time-barred. That window has now closed. For ongoing or recent sexual harassment claims, the standard NYSHRL and NYCHRL three-year deadlines apply.

When Does the Clock Start?

For most employment claims, the clock starts on the date of the adverse employment action — the firing, the demotion, the last paycheck that was short. But there are important exceptions:

• Continuing violations: For harassment claims involving a pattern of conduct, the clock may run from the last act in the pattern rather than the first. This doctrine can save claims that would otherwise be time-barred.
• Discovery rule: In some circumstances, the clock starts when you discovered — or reasonably should have discovered — the violation, not when it occurred. This is most relevant in cases involving concealed conduct.
• Equitable tolling: In limited circumstances, courts will pause the clock — for example, if the employer actively concealed the discriminatory conduct. This is a narrow doctrine and should not be relied upon.

Why You Should Not Wait

Even when you have three years, waiting is a mistake. Evidence disappears. Witnesses move on and their memories fade. Documents get deleted in routine data purges. The employer's HR records from the relevant period become harder to obtain. And the longer you wait, the more the employer's lawyers will argue that your delay shows the conduct was not serious enough to act on promptly.

The best time to consult an employment attorney is as soon as you believe something illegal has happened. The second best time is right now.

Get a Free Consultation Before the Clock Runs Out

I am Sean O'Hara, a New York employment attorney with offices in Mineola and Manhattan. I offer free consultations for employees who believe their rights have been violated. If you are unsure whether your claim is still timely — or whether you even have a claim — call my office. A conversation costs nothing. Missing a deadline costs everything.