Bill Text: NY A10388 | 2021-2022 | General Assembly | Introduced
Bill Title: Preserves the right to a jury trial for actions commenced pursuant to a human rights law that include a demand for equitable relief.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-13 - referred to governmental operations [A10388 Detail]
Download: New_York-2021-A10388-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10388 IN ASSEMBLY May 13, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Kim) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to preserve the right to a jury trial for certain actions 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 chapter 140 of the laws of 2022, is amended to read as 3 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 employment discrimination 7 related to private employers and housing discrimination only, punitive 8 damages, and such other remedies as may be appropriate, including any 9 civil fines and penalties provided in subdivision four of this section, 10 unless such person had filed a complaint hereunder or with any local 11 commission on human rights, or with the superintendent pursuant to the 12 provisions of section two hundred ninety-six-a of this article, provided 13 that, where the division has dismissed such complaint on the grounds of 14 administrative convenience, on the grounds of untimeliness, or on the 15 grounds that the election of remedies is annulled, such person shall 16 maintain all rights to bring suit as if no complaint had been filed with 17 the division. At any time prior to a hearing before a hearing examiner, 18 a person who has a complaint pending at the division may request that 19 the division dismiss the complaint and annul his or her election of 20 remedies so that the human rights law claim may be pursued in court, and 21 the division may, upon such request, dismiss the complaint on the 22 grounds that such person's election of an administrative remedy is 23 annulled. Notwithstanding subdivision (a) of section two hundred four of 24 the civil practice law and rules, if a complaint is so annulled by the 25 division, upon the request of the party bringing such complaint before 26 the division, such party's rights to bring such cause of action before a 27 court of appropriate jurisdiction shall be limited by the statute of 28 limitations in effect in such court at the time the complaint was EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13071-03-2A. 10388 2 1 initially filed with the division. Notwithstanding any other provision 2 of law to the contrary, when a person commences an action pursuant to 3 this subdivision or pursuant to a local human rights law, and such 4 action includes a demand for equitable relief, such person shall never- 5 theless retain the right to a jury trial. Any party to a housing 6 discrimination complaint shall have the right within twenty days follow- 7 ing a determination of probable cause pursuant to subdivision two of 8 this section to elect to have an action commenced in a civil court, and 9 an attorney representing the division of human rights will be appointed 10 to present the complaint in court, or, with the consent of the division, 11 the case may be presented by complainant's attorney. A complaint filed 12 by the equal employment opportunity commission to comply with the 13 requirements of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) 14 shall not constitute the filing of a complaint within the meaning of 15 this subdivision. No person who has initiated any action in a court of 16 competent jurisdiction or who has an action pending before any adminis- 17 trative agency under any other law of the state based upon an act which 18 would be an unlawful discriminatory practice under this article, may 19 file a complaint with respect to the same grievance under this section 20 or under section two hundred ninety-six-a of this article. In cases of 21 housing discrimination only, a person whose complaint has been dismissed 22 by the division after investigation for lack of jurisdiction or lack of 23 probable cause may file the same cause of action in a court of appropri- 24 ate jurisdiction pursuant to this section, unless judicial review of 25 such dismissal has been sought pursuant to section two hundred ninety- 26 eight of this article. The attorney general shall have the power to 27 commence an action or proceeding in the supreme court of the state of 28 New York, if, upon information or belief, the attorney general is of the 29 opinion that an employer has been, is, or is about to violate the 30 provisions regarding unlawful discriminatory retaliation pursuant to 31 subdivision seven of section two hundred ninety-six of this article. 32 Nothing in this section shall in any way limit rights or remedies which 33 are otherwise available under law to the attorney general or any other 34 person authorized to bring an action under this section. 35 § 2. This act shall take effect immediately.
