Simon, Reyes, Braunstein, Rozic, Sayegh, Cruz, Glick, Dinowitz, Steck, Fall
MLTSPNSR
Amd §10, Ct Claims Act
Establishes the time period during which to file a claim for sexual harassment against the state in cases when a complaint was filed with a state or local agency.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1047
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the court of claims act, in relation to establishing the
time period during which to file a claim for sexual harassment against
the state in cases when a complaint was filed with a state or local
agency
PURPOSE:
This bill would allow an individual who has filed a complaint With a
state or local agency alleging discrimination based on sexual harassment
to file a claim with the attorney general within six months of the final
adjudication of dismissal of the complaint by the state or local agency.
SUMMARY OF PROVISIONS:
Section one of this bill amends section 10 of the court of claims act as
it relates to allowing an individual who has filed a complaint with a
state or local agency alleging discrimination based on sexual harassment
to file a claim with the attorney general within six months of the final
adjudication of dismissal of the complaint by the state or local agency
Section two relates to the effective date.
JUSTIFICATION:
Currently, individuals seeking to file a claim alleging discrimination
based on sexual harassment against a state government entity have six
months from the incident to file a notice of intent to sue. In situ-
ations where an individual files a complaint with a state or local agen-
cy immediately, six months is not enough time for the agency to make a
determination on the matter and for the individual to decide if they
wish to file a notice of intent to sue the state entity. This legis-
lation would extend the period to file the notice of intent or claim
until six months after the final adjudication or dismissal of a
complaint by the appropriate state or local agency.
LEGISLATIVE HISTORY:
A.656 of 2021-22, A.5034 of 2019-20.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all cases
alleging unlawful discriminatory practices constituting sexual harass-
ment occurring on and after such effective date.
STATE OF NEW YORK
________________________________________________________________________
1047
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. ZEBROWSKI, SIMON, REYES, BRAUNSTEIN, ROZIC,
SAYEGH, CRUZ, GLICK, DINOWITZ, STECK, FALL -- read once and referred
to the Committee on Judiciary
AN ACT to amend the court of claims act, in relation to establishing the
time period during which to file a claim for sexual harassment against
the state in cases when a complaint was filed with a state or local
agency
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 10 of the court of claims act is amended by adding
2 a new subdivision 4-a to read as follows:
3 4-a. If the claimant filed a complaint with any state or local agency
4 alleging unlawful discriminatory practices constituting sexual harass-
5 ment, a claim shall be filed and served upon the attorney general within
6 six months of the final adjudication or dismissal of the complaint by
7 the state or local agency.
8 § 2. This act shall take effect immediately and shall apply to all
9 cases alleging unlawful discriminatory practices constituting sexual
10 harassment occurring on and after such effective date. Effective imme-
11 diately the addition, amendment and/or repeal of any rule or regulation
12 necessary for the implementation of this act on its effective date are
13 authorized to be made on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00991-01-3
