The New York City Council recently approved an amendment to the New York City Human Rights Law to ensure that employers may not, by agreement, subject a discrimination claim to a shorter statute of limitations than provided by the statute.
Specifically, the new law, Int. No. 69-A, amends Section 8-109 of the Administrative Code of the City of New York to add a new subdivision (e-1) to read as follows:
Any provision of an agreement involving an employer, employment agency, or agent thereof pertaining to terms of employment that purports to shorten the periods in which a complaint or claim may be filed pursuant to subdivision (e) is unenforceable and void as against public policy. Nothing in this subdivision shall be construed to affect the enforceability of any provision of any agreement other than a provision limiting the period in which a complaint or claim may be filed[,]
and Section 502 of the Administrative Code of the City of New York to add a new subdivision (d-1) to read as follows:
Any provision of an agreement involving an employer, employment agency, or agent thereof pertaining to terms of employment that purports to shorten the periods in which a civil action may be commenced pursuant to subdivision d is unenforceable and void as against public policy. Nothing in this subdivision shall be construed to affect the enforceability of any provision of any agreement other than a provision limiting the period in which a civil action may be commenced.
By its terms, this local law takes effect immediately.