EPLI built for New York’s two-tier exposure — the New York State Human Rights Law that now reaches every employer in the state, and the New York City Human Rights Law, one of the most protective and most-litigated discrimination statutes in the country.
New York employers face discrimination and harassment exposure under two overlapping laws, and recent amendments have widened both. The New York State Human Rights Law now applies to all employers regardless of size, and the New York City Human Rights Law adds an exceptionally broad set of protected classes for any employer with operations in the five boroughs. Here is what that means for your EPLI.
The New York State Human Rights Law (Executive Law, Article 15) is enforced by the New York State Division of Human Rights (DHR) and prohibits discrimination, harassment, and retaliation in employment. Following amendments in recent years, it now applies to all employers in the state regardless of how few employees they have, and the harassment standard was broadened so that conduct need no longer be “severe or pervasive” to be actionable. The list of unlawful discriminatory practices (§296) is extensive.
The time to report has also expanded: for any act of discrimination occurring on or after February 15, 2024, an individual has three years to file a discrimination complaint with DHR. A longer reporting window means a wider band of past conduct can surface as a claim — which is exactly why the retroactive date on a claims-made EPLI policy matters when you switch carriers.
Employers operating in New York City answer to a second, even more protective statute:
Because the State Human Rights Law now reaches every employer and the City law is both broad and plaintiff-friendly, even small New York employers carry meaningful EPLI exposure. We structure the policy to respond to discrimination, harassment, and retaliation under both the state and city statutes, watch the retroactive date so the expanded three-year state filing window doesn’t leave a gap when you change carriers, and add third-party EPLI where your staff interacts with the public. We place New York employment risk in both the city and the rest of the state.
Tell us about your operation and your loss history — we’ll confirm we can write New York and structure the limits to match.