Assembly Bill A7187

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7187
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2025
                                ___________
 
 Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to unlawful discriminato-
   ry practices based upon delays in reporting workplace  sexual  harass-
   ment, and in relation to extending the statute of limitations in cases
   before  the state division of human rights of sexual harassment in the
   workplace; and to amend the civil practice law and rules, in  relation
   to  extending the statute of limitations in cases of sexual harassment
   in the workplace
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "no right
 time act".
   § 2. Subdivision 1 of section 296 of the executive law is  amended  by
 adding a new paragraph (i) to read as follows:
   (I)  FOR  ANY  EMPLOYER,  LABOR  ORGANIZATION  OR EMPLOYMENT AGENCY TO
 RESTRICT THE TIMEFRAME DURING WHICH  AN  EMPLOYEE  MAY  BRING  A  SEXUAL
 HARASSMENT  CLAIM,  UNLESS  SUCH  RESTRICTION  IS IN ACCORDANCE WITH THE
 STATUTE OF LIMITATIONS  CURRENTLY  PROVIDED  FOR  IN  STATE  LAW  OR  TO
 DISCHARGE,  EXPEL  OR  OTHERWISE DISCRIMINATE AGAINST ANY PERSON BECAUSE
 SUCH PERSON HAS DELAYED IN REPORTING OR  FILING  A  COMPLAINT  REGARDING
 SEXUAL  HARASSMENT  IN  THE WORKPLACE. AS USED IN THIS PARAGRAPH "SEXUAL
 HARASSMENT" MEANS AN UNLAWFUL DISCRIMINATORY PRACTICE ON  THE  BASIS  OF
 SEX  THAT  IS  BASED  ON  UNWELCOME  SEXUAL ADVANCES, REQUEST FOR SEXUAL
 FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE.
   § 3. Subdivision 5 of section 297 of the executive law, as amended  by
 chapter 656 of the laws of 2023, is amended to read as follows:
   5. Any complaint filed pursuant to this section must be so filed with-
 in  three  years  after  the  alleged  unlawful discriminatory practice;
 PROVIDED THAT IN CASES OF SEXUAL HARASSMENT, THE COMPLAINT  MUST  BE  SO
 FILED WITHIN THE LATER OF:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05058-01-5
              

 A. 7187                             2
 
   (A) THREE YEARS AFTER THE AGGRIEVED PERSON FILES A COMPLAINT WITH SUCH
 AGGRIEVED  PERSON'S  EMPLOYER;  OR  (B) IF THE AGGRIEVED PERSON DOES NOT
 FILE A COMPLAINT WITH SUCH  AGGRIEVED  PERSON'S  EMPLOYER,  THREE  YEARS
 AFTER SUCH AGGRIEVED PERSON CEASES TO BE EMPLOYED BY THAT EMPLOYER.
   §  4.  The  civil  practice  law  and rules is amended by adding a new
 section 213-e to read as follows:
   § 213-E. ACTION BY A VICTIM OF SEXUAL  HARASSMENT  IN  THE  WORKPLACE.
 NOTWITHSTANDING  ANY OTHER LIMITATION SET FORTH IN THIS ARTICLE, A CIVIL
 CLAIM OR CAUSE OF ACTION ALLEGING SEXUAL  HARASSMENT  IN  THE  WORKPLACE
 BROUGHT  BY  A PERSON TO RECOVER DAMAGES FROM SUCH PERSON'S EMPLOYER FOR
 PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION  SUFFERED  BY  SUCH
 PERSON  AS  A  RESULT OF ACTS BY SUCH EMPLOYER MAY BE BROUGHT WITHIN THE
 LATER OF:
   1. THREE YEARS AFTER THE PERSON FILES A COMPLAINT WITH  SUCH  PERSON'S
 EMPLOYER; OR
   2.  IF THE PERSON DOES NOT FILE A COMPLAINT WITH SUCH PERSON'S EMPLOY-
 ER, THREE YEARS AFTER SUCH PERSON CEASES TO BE EMPLOYED BY THAT  EMPLOY-
 ER.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.