S T A T E O F N E W Y O R K
________________________________________________________________________
11358
I N A S S E M B L Y
September 19, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. L. Rosen-
thal) -- read once and referred to the Committee on Governmental Oper-
ations
AN ACT to amend the executive law, in relation to the awarding of puni-
tive damages to persons aggrieved by sexual harassment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph c of subdivision 4 and subdivision 9 of section
297 of the executive law, paragraph c of subdivision 4 as amended by
chapter 166 of the laws of 2000, subparagraph (vi) of paragraph c of
subdivision 4 as amended by section 1 of part AA of chapter 57 of the
laws of 2009, subdivision 9 as amended by section 16 of part D of chap-
ter 405 of the laws of 1999, are amended to read as follows:
c. Within one hundred eighty days after the commencement of such hear-
ing, a determination shall be made and an order served as hereinafter
provided. If, upon all the evidence at the hearing, the commissioner
shall find that a respondent has engaged in any unlawful discriminatory
practice as defined in this article, the commissioner shall state find-
ings of fact and shall issue and cause to be served on such respondent
an order, based on such findings and setting them forth, and including
such of the following provisions as in the judgment of the division will
effectuate the purposes of this article: (i) requiring such respondent
to cease and desist from such unlawful discriminatory practice; (ii)
requiring such respondent to take such affirmative action, including
(but not limited to) hiring, reinstatement or upgrading of employees,
with or without back pay, restoration to membership in any respondent
labor organization, admission to or participation in a guidance program,
apprenticeship training program, on-the-job training program or other
occupational training or retraining program, the extension of full,
equal and unsegregated accommodations, advantages, facilities and privi-
leges to all persons, granting the credit which was the subject of any
complaint, evaluating applicants for membership in a place of accommo-
dation without discrimination based on race, creed, color, national
origin, sex, disability or marital status, and without retaliation or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14039-01-7
A. 11358 2
discrimination based on opposition to practices forbidden by this arti-
cle or filing a complaint, testifying or assisting in any proceeding
under this article; (iii) awarding of compensatory damages to the person
aggrieved by such practice; (iv) awarding of punitive damages, in cases
of housing discrimination only, in an amount not to exceed ten thousand
dollars, to the person aggrieved by such practice; (v) requiring payment
to the state of profits obtained by a respondent through the commission
of unlawful discriminatory acts described in subdivision three-b of
section two hundred ninety-six of this article; [and] (vi) assessing
civil fines and penalties, in an amount not to exceed fifty thousand
dollars, to be paid to the state by a respondent found to have committed
an unlawful discriminatory act, or not to exceed one hundred thousand
dollars to be paid to the state by a respondent found to have committed
an unlawful discriminatory act which is found to be willful, wanton or
malicious; (vii) requiring a report of the manner of compliance; AND
(VIII) AWARDING OF PUNITIVE DAMAGES, IN CASES OF SEXUAL HARASSMENT ONLY,
TO THE PERSON AGGRIEVED BY SUCH PRACTICE. If, upon all the evidence, the
commissioner shall find that a respondent has not engaged in any such
unlawful discriminatory practice, he or she shall state findings of fact
and shall issue and cause to be served on the complainant an order based
on such findings and setting them forth dismissing the said complaint as
to such respondent. A copy of each order issued by the commissioner
shall be delivered in all cases to the attorney general, the secretary
of state, if he or she has issued a license to the respondent, and such
other public officers as the division deems proper, and if any such
order issued by the commissioner concerns a regulated creditor, the
commissioner shall forward a copy of any such order to the superinten-
dent. A copy of any complaint filed against any respondent who has
previously entered into a conciliation agreement pursuant to paragraph a
of subdivision three of this section or as to whom an order of the divi-
sion has previously been entered pursuant to this paragraph shall be
delivered to the attorney general, to the secretary of state if he or
she has issued a license to the respondent and to such other public
officers as the division deems proper, and if any such respondent is a
regulated creditor, the commissioner shall forward a copy of any such
complaint to the superintendent.
9. Any person claiming to be aggrieved by an unlawful discriminatory
practice shall have a cause of action in any court of appropriate juris-
diction for damages, including, in cases of housing discrimination AND
SEXUAL HARASSMENT only, punitive damages, and such other remedies as may
be appropriate, including any civil fines and penalties provided in
subdivision four of this section, unless such person had filed a
complaint hereunder or with any local commission on human rights, or
with the superintendent pursuant to the provisions of section two
hundred ninety-six-a of this [chapter] ARTICLE, provided that, where the
division has dismissed such complaint on the grounds of administrative
convenience, on the grounds of untimeliness, or on the grounds that the
election of remedies is annulled, such person shall maintain all rights
to bring suit as if no complaint had been filed with the division. At
any time prior to a hearing before a hearing examiner, a person who has
a complaint pending at the division may request that the division
dismiss the complaint and annul his or her election of remedies so that
the human rights law claim may be pursued in court, and the division
may, upon such request, dismiss the complaint on the grounds that such
person's election of an administrative remedy is annulled. Notwithstand-
ing subdivision (a) of section two hundred four of the civil practice
A. 11358 3
law and rules, if a complaint is so annulled by the division, upon the
request of the party bringing such complaint before the division, such
party's rights to bring such cause of action before a court of appropri-
ate jurisdiction shall be limited by the statute of limitations in
effect in such court at the time the complaint was initially filed with
the division. Any party to a housing discrimination complaint shall have
the right within twenty days following a determination of probable cause
pursuant to subdivision two of this section to elect to have an action
commenced in a civil court, and an attorney representing the division of
human rights will be appointed to present the complaint in court, or,
with the consent of the division, the case may be presented by
complainant's attorney. A complaint filed by the equal employment oppor-
tunity commission to comply with the requirements of 42 USC 2000e-5(c)
and 42 USC 12117(a) and 29 USC 633(b) shall not constitute the filing of
a complaint within the meaning of this subdivision. No person who has
initiated any action in a court of competent jurisdiction or who has an
action pending before any administrative agency under any other law of
the state based upon an act which would be an unlawful discriminatory
practice under this article, may file a complaint with respect to the
same grievance under this section or under section two hundred ninety-
six-a of this article.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.