Bill Text: NY S07394 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7394

                               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

        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 sepa-
     2  rately amended by chapter 160 of the laws of 2019 and chapter 236 of the
     3  laws of 2020, is 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 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  [chapter]
    13  article, provided that, where the division has dismissed such  complaint
    14  on  the grounds of administrative convenience, on the grounds of untime-
    15  liness, or on the grounds that the election  of  remedies  is  annulled,
    16  such  person  shall maintain all rights to bring suit as if no complaint
    17  had been filed with the division. At any time prior to a hearing  before
    18  a hearing examiner, a person who has a complaint pending at the division
    19  may request that the division dismiss the complaint and annul his or her
    20  election  of  remedies so that the human rights law claim may be pursued
    21  in court, and the division may, upon such request, dismiss the complaint
    22  on the grounds that such person's election of an  administrative  remedy
    23  is annulled. Notwithstanding subdivision (a) of section two hundred four
    24  of  the  civil  practice law and rules, if a complaint is so annulled by
    25  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.
                                                                   LBD13071-01-1
        S. 7394                             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. Notwithstanding any other provision
     5  of law to the contrary, when a person commences an  action  pursuant  to
     6  this  subdivision  or  pursuant  to  a  local human rights law, and such
     7  action includes a demand for equitable relief, such person shall  never-
     8  theless  retain  the  right  to  a  jury  trial.  Any party to a housing
     9  discrimination complaint shall have the right within twenty days follow-
    10  ing a determination of probable cause pursuant  to  subdivision  two  of
    11  this  section to elect to have an action commenced in a civil court, and
    12  an attorney representing the division of human rights will be  appointed
    13  to present the complaint in court, or, with the consent of the division,
    14  the  case  may  be  presented by the complainant's attorney. A complaint
    15  filed by the equal employment opportunity commission to comply with  the
    16  requirements  of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b)
    17  shall not constitute the filing of a complaint  within  the  meaning  of
    18  this  subdivision.  No person who has initiated any action in a court of
    19  competent jurisdiction or who has an action pending before any  adminis-
    20  trative  agency under any other law of the state based upon an act which
    21  would be an unlawful discriminatory practice  under  this  article,  may
    22  file  a  complaint with respect to the same grievance under this section
    23  or under section two hundred ninety-six-a of this article. In  cases  of
    24  housing discrimination only, a person whose complaint has been dismissed
    25  by  the division after investigation for lack of jurisdiction or lack of
    26  probable cause may file the same cause of action in a court of appropri-
    27  ate jurisdiction pursuant to this section,  unless  judicial  review  of
    28  such  dismissal  has been sought pursuant to section two hundred ninety-
    29  eight of this article.
    30    § 2. This act shall take effect immediately.