Assembly Bill A2096

2019-2020 Legislative Session

Relates to unlawful discriminatory practices based upon delays in reporting workplace sexual harassment

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A2096 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §§296 & 297, Exec L; add §213-d, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: A8911
2021-2022: A1494
2023-2024: A6479

2019-A2096 (ACTIVE) - Summary

Relates to unlawful discriminatory practices based upon delays in reporting workplace sexual harassment.

2019-A2096 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2096
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M.  of  A. PERRY, SIMON -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to unlawful discriminato-
   ry practices based upon delays in reporting workplace  sexual  harass-
   ment, and in relation to extending the statute of limitations in cases
   before  the state division of human rights of sexual harassment in the
   workplace; and to amend the civil practice law and rules, in  relation
   to  extending  the statue of limitations in cases of sexual harassment
   in the workplace
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "no right
 time act".
   § 2. Subdivision 1 of section 296 of the executive law is  amended  by
 adding a new paragraph (h) to read as follows:
   (H)  FOR  ANY  EMPLOYER,  LABOR  ORGANIZATION  OR EMPLOYMENT AGENCY TO
 RESTRICT THE TIMEFRAME DURING WHICH  AN  EMPLOYEE  MAY  BRING  A  SEXUAL
 HARASSMENT  CLAIM,  UNLESS  SUCH  RESTRICTION  IS IN ACCORDANCE WITH THE
 STATUTE OF LIMITATIONS  CURRENTLY  PROVIDED  FOR  IN  STATE  LAW  OR  TO
 DISCHARGE, EXPEL OR OTHERWISE DISCRIMINATE AGAINST ANY PERSON BECAUSE HE
 OR  SHE  HAS DELAYED IN REPORTING OR FILING A COMPLAINT REGARDING SEXUAL
 HARASSMENT IN THE WORKPLACE. AS USED IN THIS PARAGRAPH  "SEXUAL  HARASS-
 MENT" MEANS AN UNLAWFUL DISCRIMINATORY PRACTICE ON THE BASIS OF SEX THAT
 IS  BASED  ON  UNWELCOME SEXUAL ADVANCES, REQUEST FOR SEXUAL FAVORS, AND
 OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE.
   § 3. 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 after the alleged unlawful discriminatory practice; PROVIDED
 THAT IN CASES OF SEXUAL HARASSMENT, THE COMPLAINT MUST BE SO FILED WITH-
 IN THE LATER OF:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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