New York State's Human Rights Law requires the compliant to be filed with the State Division of Human Rights within one year of the most recent act of the unlawful discrimination alleged
2017 NY Slip Op 06968, Appellate Division, Second Department
The Petitioner in this action, a long-term, at-will employee of the Town, was advised that his employment would be terminated as part of the Town's transitioning to the incoming administration of a newly elected Town Supervisor. Ultimately a formal resolution terminating the employment of Petitioner and several other employees was approved by the Town Board and the individuals affected notified of that fact.
Petitioner filed a complaint with the New York State Division of Human Rights [DHR] alleging that the termination of his employment was the result of discrimination based on his age, gender, and ethnicity. DHR subsequently issued an administrative determination finding that the matter was untimely because the complaint was filed more than one year after the most recent alleged discriminatory act. Petitioner commenced this CPLR Article 78 proceeding but Supreme Court denied the petition, confirmed DHR's determination, and dismissed the proceeding.
The Appellate Division affirmed the lower court's ruling, explaining that Executive Law §297(5) provides that "[a]ny complaint filed pursuant to this section must be so filed within one year after the alleged unlawful discriminatory practice." Thus, said the court, §297(5) "is in the nature of a statute of limitations" and therefore mandatory. Further, noted the court, the limitations period commences running on the date that a claimant receives his or her notice of the alleged discriminatory act or practice.
Rejecting Petitioner's argument that the one-year period in which he was required to file a complaint with the DHR begin to run on his last day of employment, the Appellate Division said the statute of limitations began to run on date that he received notice of the termination of his employment, i.e., on the date on which the individual knew, or should have know, he or she was the victim of the alleged act of unlawful discrimination.*
As it was undisputed that Petitioner had not file his complaint with DHR within the one year period following his receiving the notice of the termination of his employment as required by §297(5), the Appellate Division ruled that Supreme Court had properly sustained DHR's determination that the complaint was untimely.
As it was undisputed that Petitioner had not file his complaint with DHR within the one year period following his receiving the notice of the termination of his employment as required by §297(5), the Appellate Division ruled that Supreme Court had properly sustained DHR's determination that the complaint was untimely.
* Gaston v NYC Department of Health, 432 F.Supp.2d 321. See, also, Fager v Board of Education, Rochester City School Dist., 73 AD3d 1458, in which the Appellate Division held that the statute of limitations to challenge an administrative decision starts to run when the determination becomes “final and binding.”
The decision is posted on the Internet at:
The decision is posted on the Internet at: