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A08911 Summary:

BILL NOA08911A
 
SAME ASNo Same As
 
SPONSORPerry
 
COSPNSRSimon
 
MLTSPNSR
 
Amd §§296 & 297, Exec L; add §213-d, CPLR
 
Relates to unlawful discriminatory practices based upon delays in reporting workplace sexual harassment.
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A08911 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8911--A
 
                   IN ASSEMBLY
 
                                     January 8, 2018
                                       ___________
 
        Introduced  by M. of A. PERRY -- read once and referred to the Committee
          on Governmental Operations  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        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 statue 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:
 
     1    Section 1. This act shall be known and may be cited as the  "no  right
     2  time act".
     3    §  2.  Subdivision 1 of section 296 of the executive law is amended by
     4  adding a new paragraph (h) to read as follows:
     5    (h) For any employer,  labor  organization  or  employment  agency  to
     6  restrict  the  timeframe  during  which  an  employee may bring a sexual
     7  harassment claim, unless such restriction  is  in  accordance  with  the
     8  statute  of  limitations  currently  provided  for  in  state  law or to
     9  discharge, expel or otherwise discriminate against any person because he
    10  or she has delayed in reporting or filing a complaint  regarding  sexual
    11  harassment  in  the workplace. As used in this paragraph "sexual harass-
    12  ment" means an unlawful discriminatory practice on the basis of sex that
    13  is based on unwelcome sexual advances, request for  sexual  favors,  and
    14  other verbal or physical conduct of a sexual nature.
    15    §  3. Subdivision 5 of section 297 of the executive law, as amended by
    16  chapter 958 of the laws of 1968, is amended to read as follows:
    17    5. Any complaint filed pursuant to this section must be so filed with-
    18  in one year after the alleged unlawful discriminatory practice; provided
    19  that in cases of sexual harassment, the complaint must be so filed with-
    20  in the later of:
    21    (a) three years after the aggrieved person files a complaint with  his
    22  or her employer; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13661-05-8

        A. 8911--A                          2
 
     1    (b)  if the aggrieved person does not file a complaint with his or her
     2  employer, three years after he or she ceases  to  be  employed  by  that
     3  employer.
     4    §  4.  The  civil  practice  law  and rules is amended by adding a new
     5  section 213-d to read as follows:
     6    § 213-d. Action by a victim of sexual  harassment  in  the  workplace.
     7  Notwithstanding  any other limitation set forth in this article, a civil
     8  claim or cause of action alleging sexual  harassment  in  the  workplace
     9  brought  by  a  person  to  recover damages from his or her employer for
    10  physical, psychological or other injury or condition  suffered  by  such
    11  person  as  a  result of acts by such employer may be brought within the
    12  later of:
    13    1. three years after the person files a  complaint  with  his  or  her
    14  employer; or
    15    2.  if  the person does not file a complaint with his or her employer,
    16  three years after he or she ceases to be employed by that employer.
    17    § 5. This act shall take effect on the thirtieth day  after  it  shall
    18  have become a law.
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