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.
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.
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.