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.
