|SAME AS||No Same As|
|COSPNSR||Nolan, 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|
|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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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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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. LBD01534-01-9A. 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.