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What Is the Statute of Limitations for Sexual Harassment Claims in New York?

You have three years from the last act of harassment to file a sexual harassment complaint with the New York State Division of Human Rights (NYSDHR). This is significantly longer than the 300-day federal deadline for EEOC complaints and gives New York workers more time to pursue their legal rights.

Understanding filing deadlines is critical. Missing a deadline can permanently bar your claim, even if you have strong evidence of harassment.

Why New York’s Extended Deadline Matters

New York’s three-year statute of limitations provides important benefits:

More Time to Process Trauma: Harassment victims often need time to process what happened, overcome fear of retaliation, and decide whether to pursue legal action. Three years provides breathing room the federal system doesn’t offer.

Evidence Preservation: More time means greater opportunity to gather documentation, identify witnesses, and build a strong case.

Covers Past Harassment: Even if harassment stopped months or years ago, you can still pursue claims as long as you file within three years of the last incident.

No Pressure to Rush: Unlike the 300-day federal deadline, which forces quick decisions, three years allows thoughtful consideration of your options.

Captures Continuing Violations: The deadline runs from the last act of harassment, not the first. If harassment continued over time, you can recover for all of it as long as you file within three years of the most recent incident.

This extended deadline reflects New York’s recognition that harassment victims need time and that quick deadlines serve harassers and employers more than victims.

Three-Year NYSDHR Deadline

When Does the Clock Start?

The three-year statute of limitations begins running from the last act of harassment.

Last Incident Controls: If harassment occurred over months or years, the deadline runs from the most recent incident, not the first.

Example: If harassment began in January 2020 and the last incident occurred in December 2024, you have until December 2027 to file. You can seek damages for all harassment from 2020-2024, even though the earlier incidents are more than three years old.

Why This Matters: Continuing harassment creates a “continuing violation,” meaning you don’t lose claims for earlier incidents as long as you file within three years of the last one.

What Counts as the “Last Act”?

The last act of harassment is typically:

Last Harassing Comment or Conduct: The final time the harasser made sexual comments, touched you inappropriately, or engaged in hostile conduct.

Last Tangible Employment Action: If harassment resulted in termination, demotion, or other adverse action, that action may be the last act.

Continuing Pattern: As long as harassment continues, the statute of limitations keeps resetting with each new incident.

Not the Discovery Date: Unlike some legal claims, the deadline is not when you discovered harassment was illegal or when you realized you had a claim. It’s when the harassment actually occurred.

Examples of Three-Year Deadline

Example 1: Single Incident
On March 15, 2024, a supervisor gropes an employee. The employee has until March 15, 2027 to file a NYSDHR complaint. If no other harassment occurred, the clock runs from that single incident.

Example 2: Ongoing Harassment Ending
From 2020-2023, a coworker makes daily sexual comments. In January 2023, the harassment stops when the coworker is transferred. The victim has until January 2026 to file, covering all harassment from 2020-2023.

Example 3: Harassment Continuing Today
An employee experiences ongoing sexual comments and advances from a manager starting in 2022 and continuing through today (November 2025). As long as harassment continues, the statute of limitations keeps resetting. If the victim files in November 2025, they can recover for all harassment dating back to 2022.

Example 4: Termination After Complaint
An employee reports harassment in February 2024 and is fired in retaliation in March 2024. The last adverse action (termination) occurred in March 2024, so the deadline is March 2027. Both the harassment and retaliation claims are timely if filed by March 2027.

Equitable Tolling

In rare circumstances, courts may extend (“toll”) the statute of limitations if:

Fraudulent Concealment: The employer actively concealed evidence of harassment or misled the victim about their rights.

Mental Incapacity: The victim was mentally incapacitated and unable to file during the limitations period.

Continuing Violation: Ongoing harassment resets the deadline with each new incident (not technically tolling, but a related doctrine).

Equitable tolling is rare and fact-specific. Don’t rely on it—file within the three-year deadline.

300-Day Federal EEOC Deadline

If you want to pursue federal Title VII claims, you must file with the Equal Employment Opportunity Commission (EEOC) within 300 days (approximately 10 months) of the last harassment incident.

Why File with EEOC If NY Has Longer Deadline?

Federal Court Access: Filing with EEOC preserves your right to sue in federal court under Title VII.

Federal Remedies: Federal law provides some remedies state law doesn’t (though New York law is generally more protective).

Dual Filing: EEOC and NYSDHR have a work-sharing agreement. Filing with one often creates a dual filing with both agencies.

Employer Coverage: Title VII covers employers with 15+ employees, while NYSHRL covers employers with 4+. If your employer has 15+ employees, you may want federal options.

EEOC Deadline Calculation

300 Days from Last Incident: Count 300 days from the last act of harassment.

“Deferral State” Benefit: Because New York has its own anti-discrimination agency (NYSDHR), it’s a “deferral state,” giving complainants 300 days instead of 180 days for federal filing.

Much Shorter Than State: 300 days is less than one year, compared to New York’s three years. Federal deadlines pressure victims to file quickly.

Example Comparison: EEOC vs NYSDHR Deadlines

Harassment Scenario: Last incident of harassment occurred on January 1, 2025.

EEOC Deadline: October 28, 2025 (300 days later)

NYSDHR Deadline: January 1, 2028 (3 years later)

Outcome: If you miss the October 2025 EEOC deadline, you lose federal Title VII claims but can still file with NYSDHR until January 2028.

NYC Human Rights Law Deadline

If you work in New York City, you can file with the NYC Commission on Human Rights (NYCCHR), which also has a three-year statute of limitations.

NYC Law Benefits

Most Protective Standard: NYC Human Rights Law has the lowest legal threshold for harassment—any differential treatment based on sex can violate the law.

Three-Year Deadline: Same as state law, giving you three years from the last incident.

All Employers Covered: NYC law covers all employers, even single-employee businesses.

Additional Remedies: NYC law provides some remedies beyond state and federal law.

Filing with NYC vs. State

Choose Based on Work Location: If you work in New York City, you can file with NYCCHR. If you work outside NYC, file with NYSDHR.

Can File with Both: Some lawyers file with both agencies to preserve all options.

Similar Process: Both agencies investigate, attempt mediation, and hold hearings if needed.

Statute of Limitations Comparison Table

Forum Deadline Employer Coverage Key Benefit
NY State (NYSDHR) 3 years 4+ employees Extended filing window, broad coverage
NYC (NYCCHR) 3 years All employers (1+ employees) Most protective standard, universal coverage
Federal (EEOC) 300 days (~10 months) 15+ employees Access to federal court, Title VII remedies
Direct Lawsuit (NY court) 3 years 4+ employees Skip administrative process, go straight to court
Direct Lawsuit (Federal court) Must file EEOC first 15+ employees Requires EEOC right-to-sue letter first

Key Takeaway: New York’s three-year deadline is far more generous than the federal 300-day deadline. If you’re pursuing New York law claims (which are generally stronger), you have three years.

When the Deadline Applies to Different Claims

Different claims have different deadlines:

Harassment Claims

NYSHRL Sexual Harassment: 3 years from last incident

NYC Sexual Harassment: 3 years from last incident

Title VII Harassment: 300 days with EEOC

Retaliation Claims

NYSHRL Retaliation: 3 years from the retaliatory action (firing, demotion, etc.)

Title VII Retaliation: 300 days from retaliatory action

Example: If you report harassment in January 2024 and are fired in retaliation in March 2024, your retaliation claim deadline is March 2027 (3 years from firing) for state law and December 2024 (300 days from firing) for federal law.

Constructive Discharge Claims

Definition: Forced resignation due to intolerable harassment.

NYSHRL: 3 years from resignation date

Title VII: 300 days from resignation date

Example: If harassment forces you to quit on June 1, 2024, your NYSHRL deadline is June 1, 2027, and your EEOC deadline is approximately March 2025.

Hostile Environment Continuing Violations

Ongoing Harassment: If harassment is ongoing, the deadline runs from the last incident, and you can recover for the entire pattern.

Discrete Acts: Each incident of harassment is a separate violation, but as long as they’re part of a continuing pattern within the limitations period, all are actionable.

Stopped Harassment: Once harassment stops, the clock runs from the last incident. If more than three years pass without new incidents, earlier harassment becomes time-barred.

What Happens If You Miss the Deadline?

Missing the statute of limitations has serious consequences:

Claims Are Time-Barred

No Recovery: If you file after the deadline, your claim will be dismissed regardless of its merit. Even strong evidence won’t save an untimely claim.

No Exceptions: Courts rarely excuse late filing. Equitable tolling is available only in extraordinary circumstances.

Loss of Rights: Once the deadline passes, you permanently lose the right to pursue that claim.

Different Forums Have Different Deadlines

Miss EEOC, Keep State: If you miss the 300-day EEOC deadline but file within three years with NYSDHR, you lose federal Title VII claims but can still pursue state law claims.

Miss State, Lose All: If you miss the three-year NYSDHR deadline, you typically lose all administrative and judicial remedies under state law.

Separate Violations Have Separate Deadlines

Example: If harassment occurred in 2020 and retaliation occurred in 2024, you may have lost the harassment claim (if more than three years passed since the last incident of harassment before 2020) but can still pursue the 2024 retaliation claim.

Protecting Your Rights Before Filing

While you have three years to file, taking action sooner protects your rights:

Document Immediately

Create Contemporary Records: Write down harassment incidents with dates, times, details, and witnesses while memories are fresh.

Preserve Evidence: Save emails, texts, voicemails, photos, and any other evidence. Don’t delete anything.

Witness Statements: If coworkers witnessed harassment, get their statements while memories are clear. Witnesses move, forget details, or become unavailable over time.

Report Promptly

Internal Reporting: Report harassment to your employer following their complaint procedure. This creates a record and starts the employer’s duty to investigate.

External Reporting: Consider filing with NYSDHR or EEOC even if you’re unsure about pursuing claims. Filing preserves your rights and triggers investigation.

Don’t Wait for Certainty: You don’t need to be certain you’ll pursue legal action to report harassment. Reporting preserves your options.

Consult an Attorney Early

Free Consultations: Many employment lawyers offer free initial consultations to evaluate your case.

Strategic Advice: Attorneys can advise whether to file immediately or wait, which agencies to file with, and what evidence to gather.

Avoid Mistakes: Lawyers help you avoid procedural mistakes that could jeopardize your claims.

Attorney Fees Recoverable: If you win, the employer pays your attorney’s fees under NYSHRL, making legal representation accessible.

Don’t Assume You Have Time

Evidence Degrades: Over time, witnesses forget details, move away, or become less willing to help. Emails are deleted. Documentation disappears.

Employer Memory: Employers may be less able to investigate or respond to stale claims.

Emotional Toll: Prolonged delay can increase emotional distress and make healing harder.

While you have three years, filing sooner is usually better.

Real-World Deadline Examples

Example 1: Harassment Stopped Years Ago
Julia experienced sexual harassment from a supervisor throughout 2020 and 2021. The harassment stopped in December 2021 when the supervisor left the company. Julia has until December 2024 to file with NYSDHR. In August 2024, she decides to pursue her claim and files with NYSDHR. Her claim is timely—within three years of the last incident (December 2021).

Example 2: Ongoing Harassment Today
Marcus has experienced daily sexual comments from coworkers since 2022. The harassment continues today (November 2025). If Marcus files today, he can recover for all harassment from 2022-present because it’s a continuing violation. As long as harassment continues, the statute of limitations keeps resetting.

Example 3: Missed Federal Deadline, Preserved State Rights
In January 2024, Angela experienced quid pro quo harassment. She didn’t know about the 300-day EEOC deadline and didn’t file until December 2024 (nearly one year later). She missed the EEOC deadline (October 2024) and lost federal Title VII claims. However, she’s well within the three-year NYSDHR deadline and can pursue state law claims, which are generally stronger anyway.

Example 4: Constructive Discharge Timing
David experienced severe hostile environment harassment throughout 2023 and early 2024. Feeling he had no choice, he resigned in March 2024. His deadline runs from his March 2024 resignation date (the last adverse action). He has until March 2027 to file with NYSDHR, covering both the harassment that led to his resignation and the constructive discharge itself.

Example 5: Retaliation After Complaint
In February 2024, Sophia reported sexual harassment to HR. The company investigated but took no action. In May 2024, Sophia was demoted in retaliation. She has until May 2027 to file claims covering both the underlying harassment (if it occurred within three years of May 2027) and the May 2024 retaliation.

Example 6: Pattern of Harassment Across Years
From 2019-2024, Elena experienced periodic sexual harassment—several incidents per year, but not daily. The last incident occurred in January 2024. She files with NYSDHR in December 2024. She can recover for all harassment from January 2021 forward (three years back from her December 2024 filing), but harassment from 2019-2020 is time-barred.

Example 7: Dual Filing Strategy
In September 2024, Chen experienced sexual harassment. His attorney immediately files with both EEOC and NYSDHR in October 2024 to preserve all options—federal and state, administrative and judicial. This dual filing protects all potential remedies and avoids any deadline issues.

Special Deadline Considerations

Collective or Class Claims

Individual Deadlines Apply: Each plaintiff in a collective or class action must have filed within their own statute of limitations.

Opt-In Requirements: For collective actions, class members must affirmatively opt in, and their individual deadlines are relevant.

Municipal Employers (Notice of Claim)

90-Day Notice Requirement: If your employer is a municipality (city, county, town, village), you may need to file a notice of claim within 90 days before suing in court.

Separate from NYSDHR: The notice of claim requirement is separate from the three-year NYSDHR deadline.

Consult Attorney: Municipal claims have complex procedural requirements. Get legal advice immediately.

Federal Government Employers

EEO Counselor Requirement: Federal employees must contact an EEO counselor within 45 days of harassment.

Separate Process: Federal employee claims follow different procedures and deadlines than private sector or state/local government claims.

Workers’ Compensation Exclusivity

No Bar to Harassment Claims: Workers’ compensation doesn’t bar sexual harassment claims. You can pursue harassment claims even if you received workers’ comp for stress or injury.

Separate Deadlines: Workers’ comp deadlines don’t affect harassment claim deadlines.

Common Questions About Deadlines

Does the three-year deadline apply to all harassment claims?

Yes, for NYSHRL claims filed with NYSDHR. NYC claims also have three years. Federal EEOC claims have only 300 days.

What if I didn’t realize I had a legal claim until recently?

The deadline runs from when harassment occurred, not when you realized it was illegal. Lack of knowledge doesn’t extend the deadline (except in extraordinary fraud or concealment cases).

Can I file with NYSDHR even if my employer has fewer than 15 employees?

Yes. NYSHRL covers employers with 4+ employees. You can file with NYSDHR even though you can’t file with EEOC (which requires 15+ employees).

What if the harasser left the company?

That doesn’t matter for the deadline. You can still file within three years of the last harassment incident, even if the harasser no longer works there.

Do I need to file internally before filing with NYSDHR?

No. You can file with NYSDHR without ever reporting internally to your employer. Internal exhaustion is not required.

What if I signed an arbitration agreement?

New York law prohibits mandatory arbitration for sexual harassment claims. You can file with NYSDHR or in court regardless of arbitration agreements.

Can I file a lawsuit directly, or must I file with NYSDHR first?

You can file directly in court under NYSHRL without filing with NYSDHR first. However, many lawyers recommend the administrative process because it provides free investigation and preserves all options.

What if harassment is ongoing?

File now to preserve evidence and stop the harassment. Continuing violations reset the deadline, but don’t wait—harassment may escalate, and evidence may disappear.

What if I’m not sure whether to pursue a claim?

File with NYSDHR to preserve your rights. You can always withdraw or settle later, but you can’t undo a missed deadline.

Does the deadline change if the employer retaliates after I report?

Retaliation creates a separate claim with its own three-year deadline running from the retaliatory action.

Get Legal Help

Don’t let deadlines cost you your legal rights. If you’re experiencing or have experienced sexual harassment, consult an employment attorney immediately to:

  • Understand which deadlines apply to your claims
  • Determine whether to file with EEOC, NYSDHR, NYCCHR, or directly in court
  • Preserve all available remedies and forums
  • Gather evidence before it disappears
  • Avoid procedural mistakes that could jeopardize your case

Most employment lawyers offer free consultations and work on contingency (you pay only if you win).

Disclaimer: This guide provides general legal information about statutes of limitations for sexual harassment claims in New York. It is not legal advice for your specific situation. Deadlines are strictly enforced and missing them can permanently bar your claims. Consult a licensed New York employment attorney immediately if you believe you have a harassment claim. Laws and interpretations may change over time.

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