New York EEOC filing deadline
New York is a 300-day federal jurisdiction for Title VII bases. The 300-day extension under 42 U.S.C. §2000e-5(e)(1) rule applies, with dual-filing mechanics under 29 CFR §1601.13.
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Details
State FEPA
State filing window
Runs independently of the federal 180/300 clock. Some states impose a tighter internal deadline; others (CA 3-year, IL/OH 730-day post-amendment) extend well past the federal window.
Worksharing posture
Worksharing agreement in effect. Filing with either the EEOC or the state agency typically constitutes filing with both.
Federal circuit
New York is in the 2nd Circuit. Federal appellate treatment of Morgan (2002) continuing-violation doctrine and constructive-discharge doctrine varies by circuit and is reviewed quarterly.
Where New York state law goes beyond federal
Title VII covers race, color, religion, sex, and national origin. ADA adds disability; ADEA adds age 40+; GINA adds genetic information. Many state FEPAs cover additional bases that federal law does not — those gaps are real grounds even when the federal claim is closed.
Shared with federal · 8
- RaceTitle VII
- ColorTitle VII
- ReligionTitle VII
- SexTitle VII
- National originTitle VII
- Age (40+)ADEA
- DisabilityADA
- Genetic informationGINA
State-only bases · 10
- Marital status
- familial_status
- Military / veteran status
- Sexual orientation
- Gender identity
- domestic_violence_victim_status
- Pregnancy
- predisposing_genetic_characteristics
- arrest_record
- criminal_conviction
These bases are covered only by state law in this jurisdiction. Federal Title VII / ADA / ADEA / GINA do not reach them — but state-court remedies under the state FEPA statute may still be available.
State-specific notes
- DHR state filing deadline extended to 3 YEARS (1095 days) for sexual harassment claims by 2019 amendment, and to 3 years for ALL employment discrimination claims by 2024 amendment (S.B. 3255 / A.B. 5331, effective 2024-02-15) — verify exact effective date. Prior law: 1 year (365 days). New York City Human Rights Law (NYCHRL, NYC Admin. Code §8-101 et seq.) provides additional protections and is enforced by the NYC Commission on Human Rights.
FAQ
What is the EEOC charge filing deadline in New York?
300 days from the most recent discriminatory act under 42 U.S.C. §2000e-5(e)(1). New York has a designated Fair Employment Practices Agency (New York State Division of Human Rights (DHR)) enforcing a same-basis state anti-discrimination law, which triggers the 300-day extension under 29 CFR §1601.13.
Does New York have a state-level discrimination agency?
Yes — New York State Division of Human Rights (DHR) (https://dhr.ny.gov/). Operating statute: N.Y. Exec. Law §290 et seq. (New York State Human Rights Law / NYSHRL). Covered protected bases include race, color, religion, sex, national_origin, age, disability, marital_status, familial_status, military_status, sexual_orientation, gender_identity, genetic, domestic_violence_victim_status, pregnancy, predisposing_genetic_characteristics, arrest_record, criminal_conviction.
Which federal circuit does New York sit in?
New York is in the 2nd Circuit. Federal appeals from district courts in New York go to that Circuit. Continuing-violation doctrine treatment under Morgan (2002) varies by circuit; consult an employment-law attorney before relying on circuit-specific applications.
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