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A01042 Summary:

BILL NOA01042
 
SAME ASNo Same As
 
SPONSORSimotas (MS)
 
COSPNSRNolan, Glick, Galef, Paulin, Lupardo, Jaffee, Rosenthal L, Fahy, Solages, Davila, Joyner, Seawright, Simon, Woerner, Hunter, Hyndman, Richardson, De La Rosa, Dickens, Niou, Pheffer Amato, Wallace, Buttenschon, Cruz, Fernandez, Frontus, Griffin, McMahon, Darling, Reyes, Ortiz, Dinowitz, Epstein, Stirpe, Mosley, Gottfried, Abinanti, D'Urso, Quart, Miller MG, Ra, Lentol, Thiele, Zebrowski, Cymbrowitz, Stern, Magnarelli, Braunstein, Blake, Crespo, Buchwald, Cahill, Wright, Romeo, Bichotte, Walker, Gunther, Arroyo, Lifton, Cook, Titus, Jean-Pierre, Williams, Jacobson, Barrett
 
MLTSPNSRDenDekker
 
Amd 297, Exec L; amd 10, Ct Claims Act
 
Extends the time to file a complaint for an unlawful discriminatory practice from one year to three years; provides that the notice of intention to file pursuant to the court of claims act for any claim to recover damages for an unlawful discriminatory practice shall be filed within six months.
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A01042 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1042
 
SPONSOR: Simotas (MS)
  TITLE OF BILL: An act to amend the executive law and the court of claims act, in relation to filing a complaint for an unlawful discrimi- natory practice   PURPOSE: To provide victims of unlawful discrimination with sufficient time to file complaints.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the executive law to extend the time for filing a complaint with the New York State Division of Human Rights from one year to three years after the alleged unlawful discriminatory practice and provides that the statute of limitations shall be tolled during ongoing proceedings related to the alleged discriminatory practice. Section 2 amends the court of claims act to add a new subdivision 10 to extend the time to file a notice of intention to file a claim to recover damages for an unlawful discriminatory practice under the human rights law to six months provides that the statute of limitations shall be tolled during ongoing proceedings related to the alleged discriminatory practice. Section 3 provides the effective date.   JUSTIFICATION: When an individual experiences sexual harassment or discrimination, many barriers can prevent them from immediately coming forward. Victims are not always aware of the avenu -for reporting and may need time to consider their options and choose the best course of act addition to the practical considerations involved, it can take time for a victim to fully process their trauma and feel prepared to report the abuse. This legislation will strengthen our antidiscrimination protections by providing victims of unlawful practices with three full years to file a complaint with the New York State Division of Human Rights. Addi- tionally, this bill would provide public employees with six months to file a notice of intention to file a claim in all cases related to harassment and discrimination. Under current law, government employees can sometimes have as little as 90 days to decide to file a claim. This inadequate window denies many workers of the opportunity to enforce their legal rights and seek the remedies they are entitled to. Finally, this bill provides that the statute of limitations will be tolled during ongoing proceedings when a victim has made a complaint through their employer or a relevant state, local or federal agency. Extending the time period for filing complaints will help ensure that all employees who have been subjected to discriminatory conduct have sufficient time to pursue legal action.   PRIOR LEGISLATIVE HISTORY: 2017-2018: A11296B   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A01042 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1042
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  SIMOTAS,  ORTIZ,  DINOWITZ, EPSTEIN, STIRPE,
          MOSLEY,  GOTTFRIED,  ABINANTI,   D'URSO,   WALLACE,   QUART,   PAULIN,
          SEAWRIGHT,  M. G. MILLER,  RA, LENTOL, CRUZ, THIELE, SIMON, ZEBROWSKI,
          CYMBROWITZ, STERN, GLICK, FERNANDEZ, MAGNARELLI -- Multi-Sponsored  by
          --  M.  of  A. DenDEKKER -- read once and referred to the Committee on
          Governmental Operations
 
        AN ACT to amend the executive law  and  the  court  of  claims  act,  in
          relation to filing a complaint for an unlawful discriminatory practice
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 5 of section  297  of  the  executive  law,  as
     2  amended  by  chapter  958  of  the  laws  of 1968, is amended to read as
     3  follows:
     4    5. Any complaint filed pursuant to this section must be so filed with-
     5  in [one year] three years  after  the  alleged  unlawful  discriminatory
     6  practice.  The  statute  of  limitations  shall be tolled during ongoing
     7  proceedings related to the  alleged  unlawful  discriminatory  practice,
     8  from  the  date  an  investigation  commences or the complainant files a
     9  complaint with their employer or the appropriate local, state or federal
    10  agency, whichever is earlier, until the date the complainant is notified
    11  that the investigation has concluded.
    12    § 2. Section 10 of the court of claims act is amended by adding a  new
    13  subdivision 10 to read as follows:
    14    10.  Notwithstanding  any provision of law to the contrary, a claim to
    15  recover damages for an  unlawful  discriminatory  practice  pursuant  to
    16  article  fifteen of the executive law shall be filed and served upon the
    17  attorney general within six months after  the  accrual  of  such  claim,
    18  unless  the  claimant  shall  within  such  time serve upon the attorney
    19  general a written notice of intention to file a claim therefor, in which
    20  event the claim shall be filed and  served  upon  the  attorney  general
    21  within three years after such accrual.  The statute of limitations shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01534-01-9

        A. 1042                             2
 
     1  be  tolled  during  ongoing  proceedings related to the alleged unlawful
     2  discriminatory practice, from the date an investigation commences or the
     3  complainant files a complaint with their  employer  or  the  appropriate
     4  local, state or federal agency, whichever is earlier, until the date the
     5  complainant is notified that the investigation has concluded.
     6    § 3. This act shall take effect immediately.
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