The New York State Senate

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

                                 3817--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 15, 2019
                               ___________

Introduced  by  Sens.  BIAGGI, HOYLMAN, KRUEGER, RIVERA, SALAZAR -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Investigations  and  Government Operations -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the executive law, in relation to increased  protections
  for  protected  classes and special protections for employees who have
  been sexually harassed

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions 5 and 6 of section 292 of the executive law,
subdivision 5 as amended by chapter 363 of the laws of 2015 and subdivi-
sion 6 as amended by chapter 481 of the laws of 2010, are amended and  a
new subdivision 37 is added to read as follows:
  5.  The term "employer" [does not include any employer with fewer than
four persons in his or her employ except as set  forth  in  section  two
hundred  ninety-six-b  of  this  article, provided, however, that in the
case of an action for discrimination based on sex pursuant  to  subdivi-
sion one of section two hundred ninety-six of this article, with respect
to  sexual  harassment  only,  the  term  "employer"]  shall include all
employers within the state, INCLUDING THE STATE AND ALL POLITICAL SUBDI-
VISIONS THEREOF.
  6. The term "employee" in this article does not include any individual
employed by his or her parents, spouse or child,  [or  in  the  domestic
service  of any person] except as set forth in section two hundred nine-
ty-six-b of this [title] ARTICLE.
  37. THE TERMS "BECAUSE OF" AND "BECAUSE" IN DISPARATE TREATMENT  CASES
MEANS THE UNLAWFUL MOTIVE WAS A MOTIVATING FACTOR. NOTHING IN THIS DEFI-
NITION  IS  INTENDED  TO  PRECLUDE  OR LIMIT USE OF THE DISPARATE IMPACT
METHOD OF PROVING LIABILITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09983-03-9

S. 3817--A                          2

  § 2. Subdivision 1 of section 296 of the executive law is  amended  by
adding two new paragraphs (h) and (i) to read as follows:
  (H)  FOR  AN  EMPLOYER,  LICENSING AGENCY, EMPLOYMENT AGENCY, OR LABOR
ORGANIZATION TO SUBJECT  ANY  INDIVIDUAL  TO  DISCRIMINATORY  HARASSMENT
BECAUSE  OF  THE AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIEN-
TATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY,
PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS,  MARITAL  STATUS,
DOMESTIC VIOLENCE VICTIM STATUS OF SUCH INDIVIDUAL, OR BECAUSE HE OR SHE
HAS  OPPOSED ANY PRACTICES FORBIDDEN UNDER THIS ARTICLE OR BECAUSE HE OR
SHE HAS FILED A COMPLAINT, TESTIFIED OR ASSISTED IN ANY PROCEEDING UNDER
THIS ARTICLE, REGARDLESS OF WHETHER  SUCH  HARASSMENT  OR  HOSTILE  WORK
ENVIRONMENT  IS  SEVERE OR PERVASIVE. SUCH DISCRIMINATORY OR RETALIATORY
HARASSMENT CONSTITUTES AN UNLAWFUL DISCRIMINATORY  PRACTICE  UNDER  THIS
SUBDIVISION  UNLESS  THE  DEFENDANT PLEADS AND PROVES THAT THE HARASSING
CONDUCT DOES NOT RISE ABOVE THE LEVEL OF PETTY SLIGHTS OR TRIVIAL INCON-
VENIENCES.
  (I) THE AGGRIEVED PERSON'S FAILURE TO COMPLAIN ABOUT, OR  UTILIZE  ANY
PARTICULAR  COMPLAINT PROCEDURE TO COMPLAIN ABOUT DISCRIMINATORY HARASS-
MENT OR ANY OTHER UNLAWFUL DISCRIMINATORY PRACTICES UNDER  THIS  ARTICLE
IS NOT A DEFENSE, OR PARTIAL DEFENSE, TO LIABILITY UNDER THIS ARTICLE.
  §  3.  Section  296 of the executive law is amended by adding five new
subdivisions 1-b, 1-c, 1-d, 1-e and 1-f to read as follows:
  1-B. AN EMPLOYER, LICENSING AGENCY, EMPLOYMENT AGENCY, OR LABOR ORGAN-
IZATION SHALL BE LIABLE FOR AN UNLAWFUL  DISCRIMINATORY  PRACTICE  BASED
UPON THE CONDUCT OF AN EMPLOYEE OR AGENT WHICH IS IN VIOLATION OF SUBDI-
VISION ONE OF THIS SECTION ONLY WHERE:
  (A)  THE EMPLOYEE OR AGENT EXERCISED MANAGERIAL OR SUPERVISORY RESPON-
SIBILITY; OR
  (B) THE EMPLOYER, LICENSING AGENCY, EMPLOYMENT AGENCY OR LABOR  ORGAN-
IZATION  KNEW  OF  THE EMPLOYEE'S OR AGENT'S DISCRIMINATORY CONDUCT, AND
ACQUIESCED IN SUCH CONDUCT OR FAILED TO TAKE IMMEDIATE AND/OR  APPROPRI-
ATE  CORRECTIVE ACTION; AN EMPLOYER LICENSING AGENCY, EMPLOYMENT AGENCY,
OR LABOR ORGANIZATION SHALL BE DEEMED TO HAVE KNOWLEDGE OF AN EMPLOYEE'S
OR AGENT'S DISCRIMINATORY CONDUCT WHERE THAT CONDUCT WAS KNOWN BY ANOTH-
ER EMPLOYEE OR AGENT WHO EXERCISED MANAGERIAL OR  SUPERVISORY  RESPONSI-
BILITY; OR
  (C) THE EMPLOYER, LICENSING AGENCY, EMPLOYMENT AGENCY, OR LABOR ORGAN-
IZATION  SHOULD  HAVE  KNOWN OF THE EMPLOYEE'S OR AGENT'S DISCRIMINATORY
CONDUCT AND FAILED TO EXERCISE  REASONABLE  DILIGENCE  TO  PREVENT  SUCH
DISCRIMINATORY CONDUCT.
  1-C. AN EMPLOYER, LICENSING AGENCY, EMPLOYMENT AGENCY, OR LABOR ORGAN-
IZATION  SHALL BE LIABLE FOR AN UNLAWFUL DISCRIMINATORY PRACTICE COMMIT-
TED BY AN INDEPENDENT CONTRACTOR, OTHER THAN AN AGENT OF SUCH  EMPLOYER,
LICENSING  AGENCY,  EMPLOYMENT  AGENCY, OR LABOR ORGANIZATION'S BUSINESS
ENTERPRISE ONLY WHERE SUCH DISCRIMINATORY CONDUCT WAS COMMITTED  IN  THE
COURSE  OF  SUCH  EMPLOYMENT  OR  ENGAGEMENT AND THE EMPLOYER, LICENSING
AGENCY, EMPLOYMENT AGENCY, OR LABOR ORGANIZATION HAD ACTUAL KNOWLEDGE OF
AND ACQUIESCED IN SUCH CONDUCT.
  1-D. WHERE LIABILITY OF  AN  EMPLOYER,  LICENSING  AGENCY,  EMPLOYMENT
AGENCY,  OR LABOR ORGANIZATION HAS BEEN ESTABLISHED PURSUANT TO SUBDIVI-
SION ONE-B OF THIS SECTION, AND IS BASED SOLELY ON  THE  CONDUCT  OF  AN
EMPLOYEE, AGENT OR INDEPENDENT CONTRACTOR, THE EMPLOYER SHALL BE PERMIT-
TED  TO  PLEAD AND PROVE THAT WITH RESPECT TO THE DISCRIMINATORY CONDUCT
FOR WHICH IT WAS FOUND LIABLE IT HAD:
  (A) ESTABLISHED AND COMPLIED WITH POLICIES,  PROGRAMS  AND  PROCEDURES
FOR THE PREVENTION AND DETECTION OF UNLAWFUL DISCRIMINATORY PRACTICES BY

S. 3817--A                          3

EMPLOYEES,  AGENTS  AND  PERSONS  EMPLOYED  AS  INDEPENDENT CONTRACTORS,
INCLUDING BUT NOT LIMITED TO:
  (I) A MEANINGFUL AND RESPONSIVE PROCEDURE FOR INVESTIGATING COMPLAINTS
OF DISCRIMINATORY PRACTICES BY EMPLOYEES, AGENTS AND PERSONS EMPLOYED AS
INDEPENDENT  CONTRACTORS AND FOR TAKING APPROPRIATE ACTION AGAINST THOSE
PERSONS WHO ARE FOUND TO HAVE ENGAGED IN SUCH PRACTICES;
  (II) A FIRM POLICY AGAINST SUCH PRACTICES WHICH IS EFFECTIVELY  COMMU-
NICATED  TO  EMPLOYEES,  AGENTS  AND  PERSONS  EMPLOYED  AS  INDEPENDENT
CONTRACTORS;
  (III) A PROGRAM TO EDUCATE EMPLOYEES AND AGENTS ABOUT UNLAWFUL DISCRI-
MINATORY PRACTICES UNDER LOCAL, STATE, AND FEDERAL LAW; AND
  (IV) PROCEDURES FOR THE SUPERVISION OF EMPLOYEES AND  AGENTS  AND  FOR
THE  OVERSIGHT  OF  PERSONS  EMPLOYED AS INDEPENDENT CONTRACTORS SPECIF-
ICALLY DIRECTED AT THE PREVENTION AND DETECTION OF SUCH PRACTICES; AND
  (B) A RECORD OF NO, OR RELATIVELY FEW, PRIOR INCIDENTS OF  DISCRIMINA-
TORY  CONDUCT BY SUCH EMPLOYEE, AGENT OR PERSON EMPLOYED AS AN INDEPEND-
ENT CONTRACTOR OR OTHER EMPLOYEES, AGENTS OR PERSONS EMPLOYED  AS  INDE-
PENDENT CONTRACTORS.
  1-E.  THE  DEMONSTRATION  OF  ANY OR ALL OF THE FACTORS IN SUBDIVISION
ONE-D OF THIS SECTION, IN ADDITION TO ANY OTHER RELEVANT FACTORS,  SHALL
BE  CONSIDERED  IN  MITIGATION  OF  THE  AMOUNT OF CIVIL PENALTIES TO BE
IMPOSED BY THE DIVISION OF HUMAN RIGHTS PURSUANT TO THIS CHAPTER  OR  IN
MITIGATION  OF  CIVIL PENALTIES OR PUNITIVE DAMAGES WHICH MAY BE IMPOSED
PURSUANT TO THIS ARTICLE AND SHALL BE AMONG THE  FACTORS  CONSIDERED  IN
DETERMINING  AN  EMPLOYER'S LIABILITY UNDER PARAGRAPH (C) OF SUBDIVISION
ONE-B OF THIS SECTION.
  1-F. AN EMPLOYEE OR AGENT OF AN EMPLOYER, LICENSING AGENCY, EMPLOYMENT
AGENCY, OR LABOR ORGANIZATION  IS  JOINTLY  AND  SEVERALLY  INDIVIDUALLY
LIABLE  WITH  THEIR  EMPLOYER,  LICENSING  AGENCY, EMPLOYMENT AGENCY, OR
LABOR ORGANIZATION FOR AN UNLAWFUL DISCRIMINATORY PRACTICE IF THEY EXER-
CISED MANAGERIAL OR SUPERVISORY RESPONSIBILITY FOR THE EMPLOYER, LICENS-
ING AGENCY, EMPLOYMENT AGENCY, OR  LABOR  ORGANIZATION  OVER  EMPLOYEES,
AGENTS,  OR  INDEPENDENT CONTRACTORS OF THE EMPLOYER, SUCH THAT THEY HAD
AUTHORITY TO DIRECT THE EMPLOYEE,  AGENT,  OR  INDEPENDENT  CONTRACTOR'S
WORK  ACTIVITIES  OR  HAD  THE POWER TO DO MORE THAN CARRY OUT PERSONNEL
DECISIONS MADE BY OTHERS.   SATISFACTION OF  THE  REQUIREMENTS  OF  THIS
SUBDIVISION  IS SUFFICIENT BUT NOT NECESSARY TO SATISFY THE REQUIREMENTS
OF PARAGRAPH (A) OF SUBDIVISION ONE-B OF THIS SECTION.
  § 4. Paragraph (b) of subdivision 2 of section 296-b of the  executive
law,  as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
  (b) Subject  a  domestic  worker  to  unwelcome  harassment  based  on
[gender,   race,   religion,  sexual  orientation,  gender  identity  or
expression or national origin] HIS  OR  HER  AGE,  RACE,  CREED,  COLOR,
NATIONAL  ORIGIN,  SEXUAL ORIENTATION, MILITARY STATUS, SEX, DISABILITY,
PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS OR
DOMESTIC VIOLENCE VICTIM STATUS, where such harassment has  the  purpose
or effect of unreasonably interfering with an individual's work perform-
ance by creating an intimidating, hostile, or offensive working environ-
ment.
  §  5.  Section  296-d  of  the executive law, as added by section 1 of
subpart F of part KK of chapter 57 of the laws of 2018,  is  amended  to
read as follows:
  §  296-d. [Sexual harassment] UNLAWFUL DISCRIMINATORY PRACTICES relat-
ing to non-employees. It shall be an  unlawful  discriminatory  practice
for an employer to permit [sexual harassment of] UNLAWFUL DISCRIMINATION

S. 3817--A                          4

AGAINST  non-employees  in its workplace. An employer may be held liable
to a non-employee who is a contractor, subcontractor, vendor, consultant
or other person providing services pursuant to a contract in  the  work-
place  or  who is an employee of such contractor, subcontractor, vendor,
consultant or other person providing services pursuant to a contract  in
the workplace, with respect to [sexual harassment] AN UNLAWFUL DISCRIMI-
NATORY  PRACTICE,  when  the employer, its agents or supervisors knew or
should have known  that  such  non-employee  was  subjected  to  [sexual
harassment]  AN UNLAWFUL DISCRIMINATORY PRACTICE in the employer's work-
place, and the employer failed to take immediate and appropriate correc-
tive action. In reviewing such cases involving non-employees, the extent
of the employer's control and any other legal responsibility  which  the
employer  may  have with respect to the conduct of the [harasser] PERSON
WHO ENGAGED IN THE UNLAWFUL DISCRIMINATORY PRACTICE shall be considered.
  § 6. Subdivision 1, paragraph c of subdivision 4  and  subdivisions  9
and  10 of section 297 of the executive law, subdivision 1 and 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 chapter 405 of the laws of 1999 and  subdivi-
sion  10  as  amended by chapter 364 of the laws of 2015, are amended to
read as follows:
  1. Any person claiming to be aggrieved by an  unlawful  discriminatory
practice may, by himself or herself or his OR her attorney-at-law, make,
sign  and  file  with the division a verified complaint in writing which
shall state the name and address of the person alleged to have committed
the unlawful discriminatory practice complained of and which  shall  set
forth  the particulars thereof and contain such other information as may
be required by the division. The commissioner of labor or  the  attorney
general,  or  the  chair  of  the  commission on quality of care for the
mentally disabled, or the division  on  its  own  motion  may,  in  like
manner,  make,  sign  and  file  such  complaint. In connection with the
filing of such complaint, the attorney general  is  authorized  to  take
proof,  issue  subpoenas  and administer oaths in the manner provided in
the civil practice law and rules. Any employer whose employees, or  some
of  them,  refuse or threaten to refuse to cooperate with the provisions
of this article, may file with the division a verified complaint  asking
for assistance by conciliation or other remedial action.
  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

S. 3817--A                          5

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
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 EMPLOYMENT DISCRIMINATION TO THE PERSON AGGRIEVED BY  SUCH  PRACTICE,
AND,  in cases of housing discrimination [only], WITH DAMAGES IN HOUSING
DISCRIMINATION CASES 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. 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 complain-
ant  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  gener-
al,  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
superintendent. A copy of any complaint filed against any respondent who
has  previously  entered into a conciliation agreement pursuant to para-
graph a of subdivision three of this section or as to whom an  order  of
the  division  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
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  pursu-
ant  to the provisions of section two hundred ninety-six-a of this chap-
ter, provided that, where the division has dismissed such  complaint  on
the  grounds  of administrative convenience, on the grounds of untimeli-
ness, 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

S. 3817--A                          6

on  the  grounds that such person's election of an administrative remedy
is annulled. Notwithstanding subdivision (a) of section two hundred four
of the civil practice 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 appropriate jurisdiction shall be limited by the stat-
ute 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 determi-
nation 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 opportunity 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 subdivi-
sion.  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.
  10. With respect to all cases of housing  discrimination  and  housing
related  credit  discrimination  in an action or proceeding at law under
this section or section two hundred ninety-eight of  this  article,  the
commissioner  or the court may in its discretion award reasonable attor-
ney's fees to any prevailing or substantially prevailing party; and with
respect to a claim of [employment or] credit discrimination where sex is
a basis of such discrimination, AND WITH RESPECT TO A CLAIM IN ALL CASES
OF EMPLOYMENT DISCRIMINATION in an action or  proceeding  at  law  under
this  section  or  section two hundred ninety-eight of this article, the
commissioner or the court [may in its discretion] SHALL award reasonable
attorney's fees attributable to such  claim  to  any  prevailing  party;
provided, however, that a prevailing respondent or defendant in order to
recover  such  reasonable  attorney's fees must make a motion requesting
such fees and show that the action or proceeding brought was  frivolous;
and  further  provided  that  in a proceeding brought in the division of
human rights, the commissioner may only award attorney's fees as part of
a final order after a public hearing held pursuant to  subdivision  four
of  this  section.  In  no  case shall attorney's fees be awarded to the
division, nor shall the division be liable to a prevailing  or  substan-
tially  prevailing  party for attorney's fees, except in a case in which
the division is a party to the action or the  proceeding  in  the  divi-
sion's capacity as an employer. In cases of employment discrimination, a
respondent  shall only be liable for attorney's fees under this subdivi-
sion if the respondent has been found liable  for  having  committed  an
unlawful  discriminatory  practice.  In  order  to  find  the  action or
proceeding to be frivolous, the court or the commissioner must  find  in
writing one or more of the following:
  (a)  the  action or proceeding was commenced, used or continued in bad
faith, solely to delay or prolong the resolution of the litigation or to
harass or maliciously injure another; or
  (b) the action or proceeding was commenced or continued in  bad  faith
without  any reasonable basis and could not be supported by a good faith
argument for an extension, modification or reversal of existing law.  If

S. 3817--A                          7

the  action  or  proceeding  was promptly discontinued when the party or
attorney learned or should have learned that the  action  or  proceeding
lacked such a reasonable basis, the court may find that the party or the
attorney did not act in bad faith.
  §  7.  Section  300 of the executive law, as amended by chapter 166 of
the laws of 2000, is amended to read as follows:
  § 300. Construction. The provisions of this article shall be construed
liberally for the  accomplishment  of  the  REMEDIAL  purposes  thereof,
REGARDLESS  OF  WHETHER  FEDERAL  CIVIL AND HUMAN RIGHTS LAWS, INCLUDING
THOSE LAWS WITH PROVISIONS WORDED COMPARABLY TO THE PROVISIONS  OF  THIS
ARTICLE,  HAVE  BEEN SO CONSTRUED. EXCEPTIONS TO AND EXEMPTIONS FROM THE
PROVISIONS OF THIS ARTICLE SHALL BE CONSTRUED NARROWLY IN ORDER TO MAXI-
MIZE DETERRENCE OF DISCRIMINATORY CONDUCT.  Nothing  contained  in  this
article  shall  be  deemed  to repeal any of the provisions of the civil
rights law or any other law of this  state  relating  to  discrimination
[because  of  race,  creed,  color  or national origin]; but, as to acts
declared unlawful by section two hundred ninety-six of this article, the
procedure herein provided shall, while pending, be  exclusive;  and  the
final  determination  therein  shall  exclude any other action, civil or
criminal, based on the same grievance of the  individual  concerned.  If
such  individual  institutes  any action based on such grievance without
resorting to the procedure provided in this article, he or she  may  not
subsequently resort to the procedure herein.
  §  8.  This  act shall take effect on the thirtieth day after it shall
have become a law; provided, however that the amendments made to section
296-b of the executive law made by section four of this act  shall  take
effect  on the same date and in the same manner as chapter 8 of the laws
of 2019 takes effect.