Filing a Workplace Harassment Complaint in New York
Reviewed by DocDraft Legal Team - New York - Last updated September 15, 2026
New York runs the opposite system from most states. In Texas, California, Illinois and Ohio you must take a harassment complaint to the state agency before a court will hear it. In New York, filing with the Division of Human Rights is an election of remedies under Executive Law 297(9): the agency is an alternative to suing, not a step on the way there, and filing there forecloses a court action on the same claim. That single fact changes what you should do first, and the standard file with the agency, get your right to sue letter, then go to court advice is wrong here. The deadline is three years from the date of the discriminatory act, but only for claims arising on or after February 15, 2024. Claims that arose before that date are governed by the older rule, which was one year generally and three years for sexual harassment in employment, so the date your claim arose decides which window you get. Coverage is the widest in the country: the Human Rights Law reaches all employers within the state with no minimum headcount, against 15 employees for federal Title VII. If the conduct involves physical assault, threats or stalking, contact emergency services and speak with an attorney rather than relying on a complaint form.
Find out where you stand in New York
Where are you with the harassment complaint?
DocDraft provides document preparation, not legal advice.
How long do I have to file a workplace harassment complaint in New York?
Three years from the alleged unlawful discriminatory practice, under Executive Law 297(5), but only if your claim arose on or after February 15, 2024. That cutoff comes from chapter 656 of the Laws of 2023, which applies to claims arising on or after its effective date. If your claim arose before that date, the older rule governs: one year generally, and three years for sexual harassment in employment. The clock runs from the act itself, not from when you discovered it or when you left the job.
Do I have to file with a state agency before I can sue in New York?
No, and filing there can cost you the court case. Executive Law 297(9) gives you a cause of action in any court of appropriate jurisdiction for damages, unless you had filed a complaint with the Division of Human Rights or with a local commission on human rights. New York uses an election of remedies rather than an exhaustion requirement, so the agency is an alternative to suing and not a prerequisite. There is no right to sue letter in the New York system.
What does the election of remedies mean in New York, and can I undo it?
It means that choosing the Division of Human Rights closes the courthouse on the same claim. There are limited ways out: the election is undone if the division dismisses for administrative convenience, dismisses for untimeliness, or annuls the election. You can also ask for it yourself. At any time prior to a hearing before a hearing examiner, a complainant may request that the division dismiss the complaint and annul the election of remedies so the claim can be pursued in court, and the statute preserves the limitations position that applied when the complaint was first filed with the division.
Why a complaint to the Division of Human Rights is a choice instead of a lawsuit, which claims get the three year window, and why every employer in the state is covered.
Filing with the New York State Division of Human Rights is a choice instead of court, not a step toward it. Executive Law 297(9) gives an aggrieved person a cause of action in any court of appropriate jurisdiction for damages, unless that person had filed a complaint with the division or with a local commission on human rights such as the New York City Commission on Human Rights. This is the exact inverse of the exhaustion model used in Texas and by the EEOC, so decide the forum before you file anything.
Relevant Laws
Exec. Law 297(9): Choose the Division or the Court, Not Both
A complaint filed with the Division of Human Rights or a local commission on human rights forecloses a court action on the same claim. Decide the forum before filing anything, because this is an election of remedies and not an exhaustion step.
Exec. Law 297(5): Three Year Filing Window
A complaint must be filed within three years after the alleged unlawful discriminatory practice. This applies only to claims arising on or after February 15, 2024; see the next item. The trigger is the act itself, not discovery or termination, so count to the anniversary date.
Ch. 656, L. 2023: February 15, 2024 Arising Date Cutoff
The three year period applies only to unlawful discriminatory practice claims arising on or after February 15, 2024. Identify the date your claim arose before relying on it. Claims arising earlier are governed by the prior rule of one year generally and three years for sexual harassment in employment.
Exec. Law 292(5): All Employers Within the State Are Covered
The term employer includes all employers within the state, with no minimum number of employees, and includes the State and its political subdivisions as employers of their employees and elected officials. Do not assume a small employer is outside the law.
Exec. Law 296(1)(h): Protected Basis and the Liability Standard
Identify the protected characteristic from the harassment subsection, which includes citizenship or immigration status, sexual orientation, gender identity or expression, military status, familial status, marital status and status as a victim of domestic violence. The same subsection makes harassment unlawful regardless of whether it would be considered severe or pervasive, and provides that failure to complain internally is not determinative of employer liability.
Regional Variances
How New York differs
The three year filing period under Executive Law 297(5)
The three year filing period under Executive Law 297(5) applies only to claims arising on or after February 15, 2024. That date comes from chapter 656 of the Laws of 2023, which took effect on the ninetieth day after it became law and applies to all unlawful discriminatory practice claims arising on or after that effective date. A claim that arose before February 15, 2024 keeps the prior rule: one year generally, and three years for sexual harassment in employment. Work out the date your claim arose before you rely on any three year figure.
For claims that do get the three year window
For claims that do get the three year window, the clock runs from the alleged unlawful discriminatory practice itself. It does not run from the date you discovered the conduct, the date you were terminated, or the date any agency or employer notice reached you. The statute is written in years, so count to the anniversary date rather than counting out 1,095 days. The current text covers all unlawful discriminatory practices, not just sexual harassment, because the old sexual harassment carve out was removed when the general period became three years.
New York reaches every employer in the state. Executive
New York reaches every employer in the state. Executive Law 292(5) provides that the term employer shall include all employers within the state, with no numeric threshold anywhere in the definition, against 15 employees for Title VII and 20 for the federal age discrimination statute. The definition also makes the State and every city, county, town, village and political subdivision an employer of its employees and its elected officials. Executive Law 296-d goes further and allows an employer to be held liable to a non-employee who is a contractor, subcontractor, vendor, consultant or other person providing services under a contract in the workplace, where the employer knew or should have known and failed to take immediate and appropriate corrective action.
Suggested Compliance Checklist
Exec. Law 296(1)(h): Protected Basis and the Liability Standard
See your deadline days after startingIdentify the protected characteristic from the harassment subsection, which includes citizenship or immigration status, sexual orientation, gender identity or expression, military status, familial status, marital status and status as a victim of domestic violence. The same subsection makes harassment unlawful regardless of whether it would be considered severe or pervasive, and provides that failure to complain internally is not determinative of employer liability.
Exec. Law 296-d: Liability to Non-Employees and Contractors
See your deadline days after startingAn employer may be held liable to a non-employee contractor, subcontractor, vendor, consultant or other person providing services under a contract in the workplace, where it knew or should have known of the harassment and failed to take immediate and appropriate corrective action. Record the contractual relationship if you are not an employee.
Lab. Law 201-g: Annual Training and Written Notice for Every Employer
See your deadline days after startingEvery employer must provide sexual harassment prevention training to all employees annually and hand each employee a written notice with the policy and training content at hiring and at every annual training, in English and the employee's primary language. Request your employer's policy and training records, since the model policy must contain a complaint form.
EEOC: 300 Day Federal Charge Deadline in New York
See your deadline days after startingA federal charge arising in New York is due within 300 days of the discriminatory act and requires an employer with 15 or more employees. A charge dual filed with the division to satisfy federal law does not itself count as an election of remedies, but the federal window closes long before the state one.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Exec. Law 296(1)(h): Protected Basis and the Liability Standard | Identify the protected characteristic from the harassment subsection, which includes citizenship or immigration status, sexual orientation, gender identity or expression, military status, familial status, marital status and status as a victim of domestic violence. The same subsection makes harassment unlawful regardless of whether it would be considered severe or pervasive, and provides that failure to complain internally is not determinative of employer liability. | - | See your deadline |
| Exec. Law 296-d: Liability to Non-Employees and Contractors | An employer may be held liable to a non-employee contractor, subcontractor, vendor, consultant or other person providing services under a contract in the workplace, where it knew or should have known of the harassment and failed to take immediate and appropriate corrective action. Record the contractual relationship if you are not an employee. | - | See your deadline |
| Lab. Law 201-g: Annual Training and Written Notice for Every Employer | Every employer must provide sexual harassment prevention training to all employees annually and hand each employee a written notice with the policy and training content at hiring and at every annual training, in English and the employee's primary language. Request your employer's policy and training records, since the model policy must contain a complaint form. | - | See your deadline |
| EEOC: 300 Day Federal Charge Deadline in New York | A federal charge arising in New York is due within 300 days of the discriminatory act and requires an employer with 15 or more employees. A charge dual filed with the division to satisfy federal law does not itself count as an election of remedies, but the federal window closes long before the state one. | - | See your deadline |
Frequently Asked Questions
The prior version of Executive Law 297(5), which gave one year generally and three years for sexual harassment in employment. Chapter 656 of the Laws of 2023 applies only to unlawful discriminatory practice claims arising on or after its effective date, so it does not reach back. A general statement that New York gives three years is wrong for older claims, and relying on it can extinguish one. Work out the date your claim arose first, and if the conduct is close to that line it is worth getting an attorney to look at it quickly.
Yes. Executive Law 292(5) provides that the term employer shall include all employers within the state, and no numeric threshold survives anywhere in the definition. That means an employer with one employee is covered, against 15 employees for federal Title VII and 20 for the federal age discrimination statute. The definition also covers the State and every city, county, town, village and political subdivision as an employer of its employees and elected officials.
A charge dual filed with the Division of Human Rights to satisfy the federal requirement does not itself count as an election of remedies. That matters because a federal charge in New York is due within 300 days of the discriminatory act, far sooner than the state window, and Title VII applies only to employers with 15 or more employees. If you want to keep both routes open, the sequence and the paperwork matter, so it is worth confirming with an attorney before filing.
No. Executive Law 296(1)(h) makes harassment unlawful regardless of whether such harassment would be considered severe or pervasive under precedent applied to harassment claims. That is a materially lower bar than the standard applied to federal claims, Whether particular conduct meets the statute is still a question for the division or a court on the facts.
Executive Law 296(1)(h) provides that a failure to complain internally about the harassment shall not be determinative of employer liability. New York does not apply the federal style bar that can defeat a claim where an employee did not use the employer's internal complaint process. Internal reports are still useful evidence of what the employer knew and when, so gather any that exist, but their absence is not the end of the claim.
Executive Law 296-d provides that an employer may be held liable to a non-employee who is a contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace. Liability attaches where the employer knew or should have known of the harassment and failed to take immediate and appropriate corrective action. Note that this provision is tied to conduct in the employer's workplace, which is narrower than the main harassment subsection.
Yes, whatever its size. Labor Law 201-g requires that sexual harassment prevention training be provided to all employees on an annual basis, using the model interactive program published by the Department of Labor in consultation with the Division of Human Rights or a program that equals or exceeds its minimum standards. Labor Law 201-g(2-a)(a) also requires a written notice containing the employer's policy and the training content, given at hiring and at every annual training, in English and in the employee's primary language. The model policy must include a complaint form and inform employees of the administrative and judicial forums available to them.
Other New York guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.