S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4025
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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, 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
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03072-01-3
              

 S. 4025                             2
 
 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.