Discrimination Retaliation Statute of Limitations

Don’t Miss the Deadline to Fight Back

You have every right to stand up to workplace discrimination and retaliation, but that right comes with a clock. If you wait too long, you could lose your chance to take legal action entirely. The statute of limitations isn’t just a technicality. It determines whether your case can move forward.

New York has some of the most employee-friendly laws in the country, but deadlines still apply. Whether you're filing with the Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights (NYSDHR), or going straight to court, different timeframes could apply depending on where and how you file. 

Our employment law attorneys at Horn Wright, LLP, also represent clients in New Jersey, Maine, Vermont, and New Hampshire, where statutes of limitations may differ. New York gives you more flexibility in some areas, but no matter where you are, deadlines control everything. 

Our legal team can help you calculate the right deadlines based on your case, your employer, and your filing strategy. Call us at (855) 465-4622 to take the guesswork out of your legal window and protect your right to act.

Different Agencies, Different Clocks

When it comes to discrimination and retaliation, where you file determines how much time you have. Don’t assume all claims follow the same timeline, because they don’t.

• Federal EEOC claims must be filed within 300 days. If your employer is covered by federal law (usually 15+ employees), you typically have 300 days from the last discriminatory or retaliatory act to file a charge with the Equal Employment Opportunity Commission (EEOC).
• New York State Division of Human Rights complaints must be filed within 1 year. NYSDHR handles claims under state law. You have up to one year to file a complaint from the date of the last discriminatory or retaliatory act.
• You get 3 years to file in civil court under NYSHRL. New York’s state law allows you to file a lawsuit in court within three years of the violation. This gives you more breathing room than federal law, but it doesn’t mean you should wait.
• If you're a public employee, deadlines may be even shorter. Some municipalities and government agencies require a notice of claim within 90 days. Miss that, and you could lose access to damages even before your case begins.

Why Time Starts Ticking Sooner Than You Think

Deadlines don’t wait for you to “feel ready.” In most cases, the countdown begins from the moment the discriminatory or retaliatory act happens, not when you realize its impact. That’s a dangerous trap for many employees.

Say you’re suddenly demoted or reassigned after filing a complaint. The statute of limitations usually starts on the date you were notified, not the day the change took effect. If you experience retaliation over several months, you may only have 300 days from the last retaliatory act to report it under federal law.

Even if you’re still employed, the clock doesn’t stop. Just because you're trying to work things out internally doesn’t pause your legal rights. Many workers wait too long, hoping HR will step in, only to find their legal window slammed shut when that help never comes. 

If you’ve already experienced a discriminatory act, don’t assume that waiting for resolution will protect your legal rights. Every day counts, and delays, no matter how understandable, can be costly.

Exceptions Exist, but They’re Rare

Some workers wonder if their time limit can be extended. In a few cases, yes, but it's risky to rely on exceptions. Courts don’t offer grace periods easily.

• Equitable tolling might apply if you were misled. If your employer actively misinformed you about your rights or delayed giving you essential documents, you might argue for extra time, but it’s an uphill battle. Judges will only allow tolling in exceptional circumstances that show clear misconduct.
• If retaliation is ongoing, each act could reset the clock. Known as the “continuing violation doctrine,” this allows new discriminatory acts to revive your filing window. But the pattern must be clearly connected. You’ll still need to show a consistent chain of related events to qualify.
• Mental health and incapacity could pause your timeline. If you were mentally or physically unable to pursue a claim, the court might consider extending the deadline, but the burden of proof is high. You'll need documentation and possibly expert testimony to support the delay.

Instead of hoping for an exception, your best move is to act fast. Our qualified employment attorneys can help you file the right claim before the clock runs out.

What Happens If You File Late

Missing a filing deadline doesn’t just hurt your chances. It can end your case outright. Courts and agencies rarely consider claims that fall outside the statute of limitations. You won’t even get to argue the facts.

The EEOC will dismiss your charge if it’s filed outside the 300-day window. The New York State Division of Human Rights and similar agencies won’t review late complaints either. Even if you were undeniably wronged, the clock controls the courtroom.

In court, a defendant can file a motion to dismiss based on the statute of limitations. If the judge agrees, your case is over before discovery even begins. That’s why acting fast is 

 necessary. Timing errors are one of the easiest ways employers defeat valid claims before they even reach trial. Filing late can erase months, or years, of stress, evidence, and effort in an instant.

How to Preserve Your Right to Sue

If you're even thinking about legal action, start protecting your deadline now. Filing early is about preserving your options. Here’s how to take control:

• Speak to a lawyer as soon as you suspect discrimination or retaliation. Don’t wait for the “perfect moment.” Early legal advice helps you plan your timeline and strategy. That first conversation could help you avoid missing a deadline by days.
• Mark the date of the most recent illegal action. That date is often what determines your deadline, not when you file an internal HR report or start gathering proof. Precision matters and guessing wrong can cost you your entire claim.
• Choose the right forum carefully. Where you file first affects where you can go next. Once you file with NYSDHR, for example, you waive your right to sue in court. Make sure your forum gives you the best combination of remedies, timeline, and control.
• Document every new act. If retaliation continues, each new action could renew the clock. Keep detailed records to protect your rights. Consistent documentation strengthens your position and proves patterns that may support ongoing claims.

Federal vs. State Timelines: Why New York Workers Have More Options

New York offers broader timelines and protections than federal law. But those expanded rights only help if you use them.

Federal protections under Title VII apply to employers with 15 or more employees and give you only 300 days to file with the EEOC. That’s a short window for workers who are still gathering evidence or trying to navigate HR.

Under the New York State Human Rights Law, you get more time and broader coverage. You have three years to go to court and one year to file with NYSDHR. Plus, NYSHRL applies to all employers, regardless of size.

But you can’t use both at once. Where you file first matters. That’s why understanding these differences early can protect your rights later. Knowing which forum gives you the strongest claim, and the longest timeframe, can be the difference between moving forward and being turned away. 

Workers in New York have more legal tools, but only if they use them strategically.

Get Advice Before the Clock Runs Out

If you’ve been fired, demoted, ignored, or retaliated against because of who you are or what you reported, don’t wait and hope it gets better. Deadlines apply whether you’re aware of them or not and once they pass, you’re locked out.

Our employment attorneys at Horn Wright, LLP, help workers across New York file timely claims for workplace retaliation and discrimination. We also advise clients in Maine, Vermont, New Jersey, and New Hampshire, where deadlines and procedures may be different. 

If you're unsure about your window to file, we’ll help you figure it out. See how one of the leading employment law firms in the country support employees in protecting their rights and meeting critical deadlines. 

Timing matters. Your future is worth acting on today. Contact our office today to request your complimentary case review.