senate Bill S7374

2021-2022 Legislative Session

Requires additional notice prior to commencing an action in certain discrimination cases

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 10, 2021 referred to rules

S7374 (ACTIVE) - Details

See Assembly Version of this Bill:
A8054
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L

S7374 (ACTIVE) - Summary

Requires that a claimant alleging that the contents of a website or mobile application that describes goods and services provided at a place of public accommodation constitutes an unlawful discriminatory practice against visually and hearing impaired individuals serve written notice on the owner and provide 60 days to cure the alleged violation prior to commencing an action.

S7374 (ACTIVE) - Sponsor Memo

S7374 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7374
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 10, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to  requiring  additional
   notice prior to commencing an action in certain discrimination cases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 9 of section 297 of the executive law, as sepa-
 rately amended by chapter 160 of the laws of 2019 and chapter 236 of the
 laws of 2020, is amended to read as follows:
   9. A. Any person claiming to be aggrieved by an unlawful discriminato-
 ry practice shall have a cause of action in  any  court  of  appropriate
 jurisdiction  for  damages,  including, in cases of employment discrimi-
 nation related to private employers  and  housing  discrimination  only,
 punitive damages, and such other remedies as may be appropriate, includ-
 ing  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 untime-
 liness, 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. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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