Changes at DHR & to the NYS Human Rights Law

In November 2023, Governor Hochul signed legislation that amended the New York State Human Rights Law and extended the statute of limitations for filing with the Division.  For any causes of action that occur on or after February 15, 2024, the statute of limitations for filing with the Division has now been extended to three years.

In case of workplace sexual harassment, the statute of limitations was already three years to file with the Division.  However, for any other type of complaint, the statute of limitation for acts that occurred before February 15, 2024 remains one year.  Please feel free to consult with a Division office if you are uncertain how this impacts your complaint.

Once a complaint has received a probable cause determination, the parties may only enter into a settlement agreement with the consent of the Division.

If accepted, stipulations of settlement will be made part of a final order of the Division consenting to the termination of the proceeding.  Private settlements between the parties will not be permitted for complaints filed after October 12, 2021.

For further information on settlements after probable cause determination, please click here.

This change is being made in the public interest for increased transparency and good governance regarding settlements. Oftentimes, when a complainant retains private counsel and the matter settles, the parties enter into private settlements - meaning the terms of the settlement are not disclosed in a written agreement available to either the Division or the public.  Nearly half of all post-probable cause settlements are private settlements without any public record of the terms of the settlement. The Division has a vested interest in the ultimate resolution of all cases -- even cases with private counsel -- to ensure that the terms of any settlement comply with our basic standards and do not violate public policy.  The Division’s interest in each case is apparent in the fact that all cases – regardless of whether there is private counsel or a Division-assigned attorney – are brought in the name of the Division.

After a probable cause determination, a complainant’s attorney will be required to state in writing why they are seeking a discontinuance and, if the reason is private settlement, the discontinuance will not be granted.  Parties will be encouraged to either settle the matter through an Order after stipulation that indicates the terms of the settlement or to proceed through the agency’s public hearing process.  This requirement has always applied to matters where the complainant is assisted by a Division attorney, and now it applies in all instances.

These changes will ensure that New Yorkers have greater insight into the results of our complaints and that the Division can monitor all settlements to ensure they are consistent with the intent of the Human Rights Law.

Since September 14, 2021, New York State law requires written notice to housing assistance recipients to ensure that they are aware of their rights under the Human Rights Law to utilize their vouchers and other assistance without discrimination, and inform those individuals how they may make a complaint if they believe they have been subject to discrimination.