Legal Question in Employment Law in New York

Re: Employment Discrimination Statute of Limitations

For FEDERAL law: the time limitation deadline for filing an employment discrimination charge with the EEOC (the federal Equal Employment Opportunity Commission,) either for racial discrimination or disability discrimination, is 300 days from the employer's discriminatory act (e.g., when the employee was notified of the adverse employment action against him or her).

Note that the reason that the Statute of Limitations is 300 days is because the EEOC has a

work-sharing arrangment with New York State administrative agencies. In other states without such work-sharing agreements, the federal statute of limitiations is only 180 days from the discriminatory act.

The employee/plaintiff cannot file a lawsuit in federal court based on the discrimination until at least 60 days after filing the discrimination charges with the EEOC.

Once the employee receives a "right to sue" letter from EEOC, he or she has only 90 days afterward to bring a discrimination lawsuit in federal court.

As regards STATE LAW: The time limitation deadline for filing a complaint with the NYSDHR (New York State Division of Human Rights) is one year from the discriminatory act.

The New York state court time limitation deadline for bringing a lawsuit for discrimination against an employer in New York State court is three years from the discriminatory act.

Note that as regards STATE law, you may be able to sue your employer for racial or disability discrimination directly in New York

State court WITHOUT first bringing the discrimination complaint to a human rights agency such as NYSDHR or EEOC (UNLIKE the case with FEDERAL court).

Moreover, if you complain to a human rights agency such as EEOC or NYSDHR before suing in

NYS court, then that could PREVENT you from being able to sue in N.Y. State court unless you are able to get an administrative dismissal of your discrimination complaint by the human rights agency.

Lastly, I infer that you write from White Plains. Note that there is a city agency, the White Plains Commission on Human Rights, which also deals with racial discrimination complaints, though I don't think they deal with disablity discrimination.