Effective May 11, 2024, the New York City Human Rights Law (“NYCHRL”) was amended to prohibit any term of an employment agreement that shortens the time for employees to file a claim of unlawful discriminatory practices, harassment, or violence under the NYCHRL. 

Employees have one year to file a complaint with the New York City Commission on Human Rights for an unlawful discriminatory practice or act of discriminatory harassment or violence and three years to file a claim of gender-based harassment.  Further, employees may commence a civil action under the NYCHRL within three years.

In the past, courts upheld contractually shortened statute of limitations periods under the NYCHRL.  The amendment now prohibits any provision within an employment agreement that attempts to contractually shorten these time periods.  Now, if an employment agreement includes such a provision, that provision will be void and unenforceable.  Notably, the new law explicitly provides that even if any such provision is included in an employment agreement, it does not affect the enforceability of any other provisions contained therein.

New York City employers should review their handbooks and employment agreements to ensure compliance with a new law. 

HRtelligence was created by the team at Ali Law Group, LLC.  Should you have any questions or need assistance, please contact Ali Law Group.

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