S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7394--A
     Cal. No. 1119
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 22, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on Investigations and Government Operations in accord-
   ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN  ACT to amend the executive law, in relation to preserve the right to
   a jury trial for certain actions
 
   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
 amended by chapter 140 of the laws  of  2022,  is  amended  to  read  as
 follows:
   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  employment  discrimination
 related  to  private employers and 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 pursuant to the
 provisions of section two hundred ninety-six-a of this article, provided
 that, where the division has dismissed such complaint on the grounds  of
 administrative  convenience,  on  the grounds of untimeliness, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13071-02-2
 S. 7394--A                          2
 
 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  before
 the division, such party's rights to bring such cause of action before a
 court  of  appropriate  jurisdiction  shall be limited by the statute of
 limitations in effect in such  court  at  the  time  the  complaint  was
 initially  filed with the division.  NOTWITHSTANDING ANY OTHER PROVISION
 OF LAW TO THE CONTRARY, WHEN A PERSON COMMENCES AN  ACTION  PURSUANT  TO
 THIS  SUBDIVISION  OR  PURSUANT  TO  A LOCAL HUMAN RIGHTS LAW, AND  SUCH
 ACTION INCLUDES A DEMAND FOR EQUITABLE RELIEF, SUCH PERSON SHALL  NEVER-
 THELESS   RETAIN   THE  RIGHT  TO  A  JURY TRIAL. Any party to a housing
 discrimination complaint shall have the right within twenty days follow-
 ing a determination 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  subdivision.  No person who has initiated any action in a court of
 competent jurisdiction or who has an action pending before any  adminis-
 trative  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. In  cases  of
 housing discrimination only, a person whose complaint has been dismissed
 by  the division after investigation for lack of jurisdiction or lack of
 probable cause may file the same cause of action in a court of appropri-
 ate jurisdiction pursuant to this section,  unless  judicial  review  of
 such  dismissal  has been sought pursuant to section two hundred ninety-
 eight of this article. The attorney general  shall  have  the  power  to
 commence  an  action  or proceeding in the supreme court of the state of
 New York, if, upon information or belief, the attorney general is of the
 opinion that an employer has been,  is,  or  is  about  to  violate  the
 provisions  regarding  unlawful  discriminatory  retaliation pursuant to
 subdivision seven of section two hundred  ninety-six  of  this  article.
 Nothing  in this section shall in any way limit rights or remedies which
 are otherwise available under law to the attorney general or  any  other
 person authorized to bring an action under this section.
   § 2. This act shall take effect immediately.