Bill Text: NY S05120 | 2021-2022 | General Assembly | Introduced
Bill Title: Authorizes the institution of a suit in any court of competent jurisdiction alleging a violation of the human rights law for a period of three years after the dismissal of a complaint for administrative convenience by the division of human rights.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S05120 Detail]
Download: New_York-2021-S05120-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5120 2021-2022 Regular Sessions IN SENATE February 24, 2021 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the executive law, in relation to institution of court 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 160 of the laws of 2019, 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] pursuant to this 11 section or with any local commission on human rights, or with the super- 12 intendent pursuant to the provisions of section two hundred ninety-six-a 13 of this [chapter,] article; provided that, where the division has 14 dismissed such complaint on the grounds of administrative convenience, 15 on the grounds of untimeliness, or on the grounds that the election of 16 remedies is annulled, such person shall maintain all rights to bring 17 suit as if no complaint had been filed with the division and may bring 18 such suit within three years after any such dismissal for administrative 19 convenience. At any time prior to a hearing before a hearing examiner, a 20 person who has a complaint pending at the division may request that the 21 division dismiss the complaint and annul his or her election of remedies 22 so that the human rights law claim may be pursued in court, and the 23 division may, upon such request, dismiss the complaint on the grounds 24 that such person's election of an administrative remedy is annulled. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02457-01-1S. 5120 2 1 Notwithstanding subdivision (a) of section two hundred four of the civil 2 practice law and rules, if a complaint is so annulled by the division, 3 upon the request of the party bringing such complaint before the divi- 4 sion, such party's rights to bring such cause of action before a court 5 of appropriate jurisdiction shall be limited by the statute of limita- 6 tions in effect in such court at the time the complaint was initially 7 filed with the division. Any party to a housing discrimination complaint 8 shall have the right, within twenty days following a determination of 9 probable cause pursuant to subdivision two of this section, to elect to 10 have an action commenced in a civil court, and an attorney representing 11 the division of human rights [will] shall be appointed to present the 12 complaint in court[,] or, with the consent of the division, the case may 13 be presented by complainant's attorney. A complaint filed by the equal 14 employment opportunity commission to comply with the requirements of 42 15 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) shall not consti- 16 tute the filing of a complaint within the meaning of this subdivision. 17 No person who has initiated any action in a court of competent jurisdic- 18 tion or who has an action pending before any administrative agency under 19 any other law of the state based upon an act which would be an unlawful 20 discriminatory practice under this article, may file a complaint with 21 respect to the same grievance under this section or under section two 22 hundred ninety-six-a of this article. 23 § 2. Subdivision 9 of section 297 of the executive law, as separately 24 amended by chapter 160 of the laws of 2019 and chapter 236 of the laws 25 of 2020, is amended to read as follows: 26 9. Any person claiming to be aggrieved by an unlawful discriminatory 27 practice shall have a cause of action in any court of appropriate juris- 28 diction for damages, including, in cases of employment discrimination 29 related to private employers and housing discrimination only, punitive 30 damages, and such other remedies as may be appropriate, including any 31 civil fines and penalties provided in subdivision four of this section, 32 unless such person had filed a complaint [hereunder] pursuant to this 33 section or with any local commission on human rights, or with the super- 34 intendent pursuant to the provisions of section two hundred ninety-six-a 35 of this [chapter,] article; provided that, where the division has 36 dismissed such complaint on the grounds of administrative convenience, 37 on the grounds of untimeliness, or on the grounds that the election of 38 remedies is annulled, such person shall maintain all rights to bring 39 suit as if no complaint had been filed with the division and may bring 40 such suit within three years after any such dismissal for administrative 41 convenience. At any time prior to a hearing before a hearing examiner, a 42 person who has a complaint pending at the division may request that the 43 division dismiss the complaint and annul his or her election of remedies 44 so that the human rights law claim may be pursued in court, and the 45 division may, upon such request, dismiss the complaint on the grounds 46 that such person's election of an administrative remedy is annulled. 47 Notwithstanding subdivision (a) of section two hundred four of the civil 48 practice law and rules, if a complaint is so annulled by the division, 49 upon the request of the party bringing such complaint before the divi- 50 sion, such party's rights to bring such cause of action before a court 51 of appropriate jurisdiction shall be limited by the statute of limita- 52 tions in effect in such court at the time the complaint was initially 53 filed with the division. Any party to a housing discrimination complaint 54 shall have the right, within twenty days following a determination of 55 probable cause pursuant to subdivision two of this section, to elect to 56 have an action commenced in a civil court, and an attorney representingS. 5120 3 1 the division of human rights [will] shall be appointed to present the 2 complaint in court[,] or, with the consent of the division, the case may 3 be presented by complainant's attorney. A complaint filed by the equal 4 employment opportunity commission to comply with the requirements of 42 5 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) shall not consti- 6 tute the filing of a complaint within the meaning of this subdivision. 7 No person who has initiated any action in a court of competent jurisdic- 8 tion or who has an action pending before any administrative agency under 9 any other law of the state based upon an act which would be an unlawful 10 discriminatory practice under this article, may file a complaint with 11 respect to the same grievance under this section or under section two 12 hundred ninety-six-a of this article. In cases of housing discrimination 13 only, a person whose complaint has been dismissed by the division after 14 investigation for lack of jurisdiction or lack of probable cause may 15 file the same cause of action in a court of appropriate jurisdiction 16 pursuant to this section, unless judicial review of such dismissal has 17 been sought pursuant to section two hundred ninety-eight of this arti- 18 cle. 19 § 3. This act shall take effect immediately; provided however that if 20 chapter 236 of the laws of 2020 shall have not yet taken effect, then 21 section two of this act shall take effect on the same date and in the 22 same manner as chapter 236 of the laws of 2020 takes effect.
