senate Bill S2036

2019-2020 Legislative Session

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

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Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 18, 2019 referred to investigations and government operations

Co-Sponsors

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S2036 (ACTIVE) - Details

See Assembly Version of this Bill:
A1042
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L; amd §10, Ct Claims Act
Versions Introduced in 2017-2018 Legislative Session:
A11296

S2036 (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.

S2036 (ACTIVE) - Sponsor Memo

S2036 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2036

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 18, 2019
                               ___________

Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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
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.
  § 3. This act shall take effect immediately.

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