Bill Text: NY A06472 | 2019-2020 | General Assembly | Introduced
Bill Title: Allows for punitive damages for unlawful discriminatory practices beyond just housing discrimination cases.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A06472 Detail]
Download: New_York-2019-A06472-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6472 2019-2020 Regular Sessions IN ASSEMBLY March 7, 2019 ___________ Introduced by M. of A. WALLACE, SIMON, McDONOUGH, BURKE, PAULIN, GOTT- FRIED, BRAUNSTEIN -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to unlawful discriminato- ry practices The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 9 of section 297 of the executive law, as 2 amended by section 16 of part D of chapter 405 of the laws of 1999, is 3 amended to read as follows: 4 9. Any person claiming to be aggrieved by an unlawful discriminatory 5 practice shall have a cause of action in any court of appropriate juris- 6 diction for damages, including, [in cases of housing discrimination7only,] punitive damages, and such other remedies as may be appropriate, 8 including any civil fines and penalties provided in subdivision four of 9 this section, unless such person had filed a complaint hereunder or with 10 any local commission on human rights, or with the superintendent pursu- 11 ant to the provisions of section two hundred ninety-six-a of this chap- 12 ter, provided that, where the division has dismissed such complaint on 13 the grounds of administrative convenience, on the grounds of untimeli- 14 ness, or on the grounds that the election of remedies is annulled, such 15 person shall maintain all rights to bring suit as if no complaint had 16 been filed with the division. At any time prior to a hearing before a 17 hearing examiner, a person who has a complaint pending at the division 18 may request that the division dismiss the complaint and annul his or her 19 election of remedies so that the human rights law claim may be pursued 20 in court, and the division may, upon such request, dismiss the complaint 21 on the grounds that such person's election of an administrative remedy 22 is annulled. Notwithstanding subdivision (a) of section two hundred four 23 of the civil practice law and rules, if a complaint is so annulled by 24 the division, upon the request of the party bringing such complaint EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09960-01-9A. 6472 2 1 before the division, such party's rights to bring such cause of action 2 before a court of appropriate jurisdiction shall be limited by the stat- 3 ute of limitations in effect in such court at the time the complaint was 4 initially filed with the division. Any party to a housing discrimination 5 complaint shall have the right within twenty days following a determi- 6 nation of probable cause pursuant to subdivision two of this section to 7 elect to have an action commenced in a civil court, and an attorney 8 representing the division of human rights will be appointed to present 9 the complaint in court, or, with the consent of the division, the case 10 may be presented by complainant's attorney. A complaint filed by the 11 equal employment opportunity commission to comply with the requirements 12 of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) shall not 13 constitute the filing of a complaint within the meaning of this subdivi- 14 sion. No person who has initiated any action in a court of competent 15 jurisdiction or who has an action pending before any administrative 16 agency under any other law of the state based upon an act which would be 17 an unlawful discriminatory practice under this article, may file a 18 complaint with respect to the same grievance under this section or under 19 section two hundred ninety-six-a of this article. 20 § 2. This act shall take effect immediately.