On May 11, 2024, a new law went into effect, amending New York City Administrative Code §§ 8-109 and 8-502. The law prohibits provisions in agreements that shorten the timeframe an employee has to file a claim for unlawful discriminatory practices, harassment, or violence under the New York City Human Rights Law ("NYCHRL").
What Did the Law Amend?
Currently, an employee has one year to file a complaint with the New York City Commission on Human Rights ("Commission") alleging unlawful discriminatory practice or act of discriminatory harassment or violence and three years to file a complaint of gender-based harassment with the Commission. Additionally, an employee has three years to file a lawsuit alleging a violation of the NYCHRL.
The new law provides that: "Any provision of an agreement involving an employer, employment agency, or agent thereof pertaining to terms of employment that purports to shorten the periods in which a complaint or claim may be filed" with the Commission or under the NYCHRL "is unenforceable and void as against public policy."
Next Steps for Employers
- Employers operating in New York City should review their employee handbooks and employment agreements to ensure compliance with this new law.
- Employers must remove any language that purports to limit the timeframe in which an employee can bring a claim to the Commission or under the NYCHRL.
