NYC Bans Contract Terms that Reduce the Time Employees Have to Bring Discrimination Claims: Key Points for Employers

Key Points for Employers to be in Order with the Law:

• The NYCHRL regulations protect employees from illegal discrimination and harassment, among other actions. 

• Aggrieved employees have one year to file a complaint with the NYC Commission on Human Rights alleging unlawful discrimination, harassment, or violence and three years to file a gender-based harassment claim.

• In addition, employees may file a lawsuit within three years of the alleged NYCHRL violation. 

• A new amendment by NYCHRL prohibits any provisions within an employment agreement that attempts to contractually shorten these time periods. 

• If an employment agreement includes such a term, it will be void and unenforceable, but it will not affect the enforceability of other terms in the agreement. 

Employer Actions: 

• Examine all employment agreements, handbooks, arbitration agreements, and other documents governing terms and conditions of employment.

• Check for any language aiming to limit the time employees have to bring claims under the NYCHRL and be guided accordingly. 

• Remove the provision with such a term, as it's now unenforceable.

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This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship. 

For more information on this and other topics, please contact Kevin via any of the channels listed below:

📧 kevin@kmckernan.com  | 📞 718-317-5007