Bill Text: NY S07394 | 2021-2022 | General Assembly | Amended
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) 2022-06-03 - COMMITTED TO RULES [S07394 Detail]
Download: New_York-2021-S07394-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7394--A Cal. No. 1119 2021-2022 Regular Sessions IN SENATE September 22, 2021 ___________ Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Investigations and Government Operations in accord- ance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13071-02-2S. 7394--A 2 1 the division may, upon such request, dismiss the complaint on the 2 grounds that such person's election of an administrative remedy is 3 annulled. Notwithstanding subdivision (a) of section two hundred four of 4 the civil practice law and rules, if a complaint is so annulled by the 5 division, upon the request of the party bringing such complaint before 6 the division, such party's rights to bring such cause of action before a 7 court of appropriate jurisdiction shall be limited by the statute of 8 limitations in effect in such court at the time the complaint was 9 initially filed with the division. Notwithstanding any other provision 10 of law to the contrary, when a person commences an action pursuant to 11 this subdivision or pursuant to a local human rights law, and such 12 action includes a demand for equitable relief, such person shall never- 13 theless retain the right to a jury trial. Any party to a housing 14 discrimination complaint shall have the right within twenty days follow- 15 ing a determination of probable cause pursuant to subdivision two of 16 this section to elect to have an action commenced in a civil court, and 17 an attorney representing the division of human rights will be appointed 18 to present the complaint in court, or, with the consent of the division, 19 the case may be presented by complainant's attorney. A complaint filed 20 by the equal employment opportunity commission to comply with the 21 requirements of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) 22 shall not constitute the filing of a complaint within the meaning of 23 this subdivision. No person who has initiated any action in a court of 24 competent jurisdiction or who has an action pending before any adminis- 25 trative agency under any other law of the state based upon an act which 26 would be an unlawful discriminatory practice under this article, may 27 file a complaint with respect to the same grievance under this section 28 or under section two hundred ninety-six-a of this article. In cases of 29 housing discrimination only, a person whose complaint has been dismissed 30 by the division after investigation for lack of jurisdiction or lack of 31 probable cause may file the same cause of action in a court of appropri- 32 ate jurisdiction pursuant to this section, unless judicial review of 33 such dismissal has been sought pursuant to section two hundred ninety- 34 eight of this article. The attorney general shall have the power to 35 commence an action or proceeding in the supreme court of the state of 36 New York, if, upon information or belief, the attorney general is of the 37 opinion that an employer has been, is, or is about to violate the 38 provisions regarding unlawful discriminatory retaliation pursuant to 39 subdivision seven of section two hundred ninety-six of this article. 40 Nothing in this section shall in any way limit rights or remedies which 41 are otherwise available under law to the attorney general or any other 42 person authorized to bring an action under this section. 43 § 2. This act shall take effect immediately.
