Bill Text: NY A01494 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Relates to unlawful discriminatory practices based upon delays in reporting workplace sexual harassment.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-04-05 - enacting clause stricken [A01494 Detail]

Download: New_York-2021-A01494-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1494

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2021
                                       ___________

        Introduced  by  M.  of  A. PERRY, SIMON -- read once and referred to the
          Committee on Governmental Operations

        AN ACT to amend the executive law, in relation to unlawful discriminato-
          ry practices based upon delays in reporting workplace  sexual  harass-
          ment, and in relation to extending the statute of limitations in cases
          before  the state division of human rights of sexual harassment in the
          workplace; and to amend the civil practice law and rules, in  relation
          to  extending  the statue of limitations in cases of sexual harassment
          in the workplace

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This act shall be known and may be cited as the "no right
     2  time act".
     3    § 2. Subdivision 1 of section 296 of the executive law is  amended  by
     4  adding a new paragraph (i) to read as follows:
     5    (i)  For  any  employer,  labor  organization  or employment agency to
     6  restrict the timeframe during which  an  employee  may  bring  a  sexual
     7  harassment  claim,  unless  such  restriction  is in accordance with the
     8  statute of limitations  currently  provided  for  in  state  law  or  to
     9  discharge, expel or otherwise discriminate against any person because he
    10  or  she  has delayed in reporting or filing a complaint regarding sexual
    11  harassment in the workplace. As used in this paragraph  "sexual  harass-
    12  ment" means an unlawful discriminatory practice on the basis of sex that
    13  is  based  on  unwelcome sexual advances, request for sexual favors, and
    14  other verbal or physical conduct of a sexual nature.
    15    § 3. Subdivision 5 of section 297 of the executive law, as amended  by
    16  chapter 160 of the laws of 2019, is amended to read as follows:
    17    5. Any complaint filed pursuant to this section must be so filed with-
    18  in one year after the alleged unlawful discriminatory practice. In cases
    19  of sexual harassment in employment, any complaint filed pursuant to this
    20  section  must  be so filed within three years after the alleged unlawful

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05062-01-1
        A. 1494                             2

     1  discriminatory practices; provided that in cases of  sexual  harassment,
     2  the complaint must be so filed within the later of:
     3    (a)  three years after the aggrieved person files a complaint with his
     4  or  her  employer;  or  (b)    if  the  aggrieved person does not file a
     5  complaint with his or her employer, three years after he or  she  ceases
     6  to  be  employed  by  that employer.
     7    §  4.  The  civil  practice  law  and rules is amended by adding a new
     8  section 213-e to read as follows:
     9    § 213-e. Action by a victim of sexual  harassment  in  the  workplace.
    10  Notwithstanding  any other limitation set forth in this article, a civil
    11  claim or cause of action alleging sexual  harassment  in  the  workplace
    12  brought  by  a  person  to  recover damages from his or her employer for
    13  physical, psychological or other injury or condition  suffered  by  such
    14  person  as  a  result of acts by such employer may be brought within the
    15  later of:
    16    1. three years after the person files a  complaint  with  his  or  her
    17  employer; or
    18    2.  if  the person does not file a complaint with his or her employer,
    19  three years after he or she ceases to be employed by that employer.
    20    § 5. This act shall take effect on the thirtieth day  after  it  shall
    21  have become a law.