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A07187 Summary:

BILL NOA07187
 
SAME ASSAME AS S01810
 
SPONSORChandler-Waterman
 
COSPNSR
 
MLTSPNSR
 
Amd §§296 & 297, Exec L; add §213-e, CPLR
 
Relates to unlawful discriminatory practices based upon delays in reporting workplace sexual harassment.
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A07187 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7187
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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:
 
     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 (i) to read as follows:
     5    (i)  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
    10  such person has delayed in reporting or  filing  a  complaint  regarding
    11  sexual  harassment  in  the workplace. As used in this paragraph "sexual
    12  harassment" means an unlawful discriminatory practice on  the  basis  of
    13  sex  that  is  based  on  unwelcome  sexual advances, request for sexual
    14  favors, and 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 656 of the laws of 2023, is amended to read as follows:
    17    5. Any complaint filed pursuant to this section must be so filed with-
    18  in  three  years  after  the  alleged  unlawful discriminatory practice;
    19  provided that in cases of sexual harassment, the complaint  must  be  so
    20  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
 
     1    (a) three years after the aggrieved person files a complaint with such
     2  aggrieved  person's  employer;  or  (b) if the aggrieved person does not
     3  file a complaint with such  aggrieved  person's  employer,  three  years
     4  after such aggrieved person ceases to be employed by that employer.
     5    §  4.  The  civil  practice  law  and rules is amended by adding a new
     6  section 213-e to read as follows:
     7    § 213-e. Action by a victim of sexual  harassment  in  the  workplace.
     8  Notwithstanding  any other limitation set forth in this article, a civil
     9  claim or cause of action alleging sexual  harassment  in  the  workplace
    10  brought  by  a person to recover damages from such person's employer for
    11  physical, psychological or other injury or condition  suffered  by  such
    12  person  as  a  result of acts by such employer may be brought within the
    13  later of:
    14    1. three years after the person files a complaint with  such  person's
    15  employer; or
    16    2.  if the person does not file a complaint with such person's employ-
    17  er, three years after such person ceases to be employed by that  employ-
    18  er.
    19    §  5.  This  act shall take effect on the thirtieth day after it shall
    20  have become a law.
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