Statute of Limitations for Pregnancy Discrimination

Deadlines Can Decide Everything in Your Case

When it comes to pregnancy discrimination, time can make or break your case. The law sets strict filing deadlines, and if you miss them, even the strongest claim may never be heard. That’s why understanding the statute of limitations matters as much as the discrimination itself.

Our pregnancy discrimination attorneys at Horn Wright, LLP, guide workers in New York through these deadlines every single day. We also advise employees in Maine, New Hampshire, and Vermont, where timelines differ in important ways. 

In Vermont, courts may offer more flexibility, while in Maine and New Hampshire, workers sometimes face shorter administrative timelines. If you’re in New York and feel like your employer crossed the line, call us right away at (855) 465-4622. 

We’ll make sure your claim is filed before the window closes and your chance for justice disappears.

How Long Do You Have in New York?

New York law gives employees more options than many realize. The New York State Human Rights Law (NYSHRL) generally allows you to file a claim with the Division of Human Rights within one year of the discrimination. 

If you decide to file a lawsuit in court instead, you often have up to three years from the last act of discrimination. That flexibility is helpful, but it can also be confusing without legal guidance.

This doesn’t mean you can wait forever. Federal law under Title VII of the Civil Rights Act requires filing with the EEOC within 300 days if you’re in New York. That’s shorter, and it’s easy to underestimate how fast those days slip away. 

Between paperwork, gathering documents, and deciding your next steps, months can vanish. Acting quickly ensures you don’t risk running into a closed door, especially since courts enforce these timelines strictly.

Where Employers Gain the Upper Hand

Employers know the statute of limitations well, and they sometimes use it to their advantage. They might delay investigations, drag out HR meetings, or give you the impression they’ll handle things internally, hoping the deadline passes while you wait. That’s a deliberate strategy meant to protect them, not you.

• Delays that feel intentional. Companies can stall on responses, stretching weeks into months. By the time you realize nothing’s happening, you may already be cutting it close on your filing deadline. It’s a tactic that creates frustration and discouragement, making you second-guess whether to push forward.
• False reassurance from HR. Employers often tell workers to “trust the process” or wait for a resolution. In reality, that wait benefits them, not you, since the statute keeps ticking the entire time. By the time you see through the stalling, you may already be on the verge of missing your deadline.
• Complicated internal procedures. Some employers require multiple steps before you can lodge a formal complaint. While you’re tied up following their rules, the legal clock doesn’t stop. Those steps often make employees feel trapped in bureaucracy, giving companies cover while deadlines slip away.
• Sudden policy changes. Right before deadlines, some companies shift their approach or “reinvestigate” to muddy the waters. It makes you second-guess your timeline, even though the law hasn’t changed. The confusion benefits them because workers often freeze, unsure which clock applies.

Federal vs. State Deadlines

Understanding the overlap between state and federal rules is one of the hardest parts. 

Many workers assume filing in one place is enough, but that’s not always the case. In New York, you can choose state court, federal court, or an administrative agency. Each comes with its own timer, and missteps can cost you dearly.

Title VII requires filing with the EEOC within 300 days. The EEOC often coordinates with New York’s Division of Human Rights, which gives you that one-year state window. But if you want to pursue broader damages in state court, you might have up to three years. 

Choosing the wrong path, or waiting too long to choose, can cost you your case. For this reason, employment attorneys often review not just your facts but your goals, helping decide the best forum before time runs out.

When the Clock Starts Ticking

The statute of limitations doesn’t always start when you think. Many employees assume the countdown begins the day they first experience discrimination. 

In truth, it usually starts on the date of the “last discriminatory act.” That could be the day you were fired, demoted, or denied an accommodation. Recognizing that start date is critical to avoid miscalculations.

• Firing or termination. The clock usually begins the day you’re told you’re out of a job. If you wait to process the shock, you might unknowingly lose valuable time. Courts rarely extend deadlines just because an employee needed extra space to cope with emotions.
• Failure to accommodate. If your employer rejects a request for pregnancy-related adjustments, that denial itself starts the clock. Even if problems continue later, that first refusal matters. Many workers assume ongoing struggles reset the clock, but often they don’t.
• Harassment or hostile environment. With ongoing mistreatment, the deadline often resets with each act. But courts still want the claim filed within a reasonable time from the last event. Filing sooner shows seriousness and prevents employers from claiming the conduct wasn’t severe.
• Retaliation. If retaliation happens after you complain, a new timeline may apply. That means each unlawful action can potentially restart the countdown. But you’ll still need to track each retaliation date carefully to avoid overlap or missed filings.

Exceptions That Give You Extra Time

Deadlines are strict, but there are situations where the law bends a little. 

Courts recognize that workers can’t always act immediately, especially when employers mislead them or when circumstances are extreme. Knowing these exceptions is important, though relying on them is always risky.

New York law sometimes allows “tolling,” which pauses the deadline if you were pursuing internal remedies first. Fraud or concealment by an employer can also extend the window. And in rare cases, federal courts accept late filings if “equitable tolling” applies. 

But these exceptions are rare, and you should never rely on them. Judges grant them sparingly, and employers almost always fight them. The safest approach is to assume the shortest deadline applies and work backward from there, ensuring you never lose out on your chance because of timing.

Why Acting Early Helps Your Case

Even if you technically have years to file, waiting hurts you. Evidence disappears. Emails get deleted. Witnesses leave the company or forget details. By moving quickly, you lock in proof while it’s fresh and harder for your employer to deny. Acting early also sends a clear message that you won’t tolerate discrimination.

• Preserving documents. The sooner you act, the easier it is to recover emails, texts, and policies. Once time passes, companies can argue those records were lost in the ordinary course of business. By filing early, you reduce the risk that your strongest evidence will vanish forever.
• Stronger witness testimony. Memories fade. Colleagues who would have supported you may later struggle to recall key details. Acting early helps keep their stories sharp and credible. That way, the testimony paints a clearer and more powerful picture.
• Preventing retaliation cycles. The earlier you bring your claim, the less time employers have to build a defense. Waiting only gives them more opportunities to justify or disguise discrimination. Moving fast puts you in control of the narrative instead of your employer.
• Peace of mind. Acting now removes the anxiety of looming deadlines. Instead of watching the clock, you can focus on the strength of your case. That relief matters for your health, your family, and your ability to keep moving forward.

Why You Shouldn’t Handle Timelines Alone

Filing deadlines are complicated. They shift depending on where you file, what claims you raise, and what evidence you have. 

Employers know this, and they count on workers to get confused. That’s why having a pregnancy discrimination attorney by your side is essential. Missing a single date can shut your case down forever.

At Horn Wright, LLP, we track every deadline and filing requirement so you don’t have to. We know New York law inside and out, and we also understand how rules differ in Maine, New Hampshire, and Vermont. 

Each state has quirks, but New York’s options often give workers more room if they act strategically. If you’re worried the clock is already running, don’t wait another day. Your case deserves to be heard. Driven by justice, we’ll make sure time doesn’t stand in your way.

Contact our office today to arrange your free consultation.