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Assembly Bill A1042

2019-2020 Legislative Session

Extends the time to file a complaint for an unlawful discriminatory practice

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Archive: Last Bill Status - In Assembly Committee

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2019-A1042 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L; amd §10, Ct Claims Act
Versions Introduced in 2017-2018 Legislative Session:
A11296

2019-A1042 (ACTIVE) - Summary

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.

2019-A1042 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1042
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Subdivision 5 of section  297  of  the  executive  law,  as
 amended  by  chapter  958  of  the  laws  of 1968, is amended to read as
 follows:
   5. Any complaint filed pursuant to this section must be so filed with-
 in [one year] THREE YEARS  after  the  alleged  unlawful  discriminatory
 practice.  THE  STATUTE  OF  LIMITATIONS  SHALL BE TOLLED DURING ONGOING
 PROCEEDINGS RELATED TO THE  ALLEGED  UNLAWFUL  DISCRIMINATORY  PRACTICE,
 FROM  THE  DATE  AN  INVESTIGATION  COMMENCES OR THE COMPLAINANT FILES A
 COMPLAINT WITH THEIR EMPLOYER OR THE APPROPRIATE LOCAL, STATE OR FEDERAL
 AGENCY, WHICHEVER IS EARLIER, UNTIL THE DATE THE COMPLAINANT IS NOTIFIED
 THAT THE INVESTIGATION HAS CONCLUDED.
   § 2. Section 10 of the court of claims act is amended by adding a  new
 subdivision 10 to read as follows:
   10.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A CLAIM TO
 RECOVER DAMAGES FOR AN  UNLAWFUL  DISCRIMINATORY  PRACTICE  PURSUANT  TO
 ARTICLE  FIFTEEN OF THE EXECUTIVE LAW SHALL BE FILED AND SERVED UPON THE
 ATTORNEY GENERAL WITHIN SIX MONTHS AFTER  THE  ACCRUAL  OF  SUCH  CLAIM,
 UNLESS  THE  CLAIMANT  SHALL  WITHIN  SUCH  TIME SERVE UPON THE ATTORNEY
 GENERAL A WRITTEN NOTICE OF INTENTION TO FILE A CLAIM THEREFOR, IN WHICH
 EVENT THE CLAIM SHALL BE FILED AND  SERVED  UPON  THE  ATTORNEY  GENERAL
 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.

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