STATE OF NEW YORK
________________________________________________________________________
4430
2023-2024 Regular Sessions
IN SENATE
February 8, 2023
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment 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 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 160 of the laws of 2019, 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. In cases
19 of sexual harassment in employment, any complaint filed pursuant to this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07777-02-3
S. 4430 2
1 section must be so filed within three years after the alleged unlawful
2 discriminatory practices; provided that in cases of sexual harassment,
3 the complaint must be so filed within the later of:
4 (a) three years after the aggrieved person files a complaint with his
5 or her employer; or (b) if the aggrieved person does not file a
6 complaint with his or her employer, three years after he or she ceases
7 to be employed by that employer.
8 § 4. The civil practice law and rules is amended by adding a new
9 section 213-e to read as follows:
10 § 213-e. Action by a victim of sexual harassment in the workplace.
11 Notwithstanding any other limitation set forth in this article, a civil
12 claim or cause of action alleging sexual harassment in the workplace
13 brought by a person to recover damages from his or her employer for
14 physical, psychological or other injury or condition suffered by such
15 person as a result of acts by such employer may be brought within the
16 later of:
17 1. three years after the person files a complaint with his or her
18 employer; or
19 2. if the person does not file a complaint with his or her employer,
20 three years after he or she ceases to be employed by that employer.
21 § 5. This act shall take effect on the thirtieth day after it shall
22 have become a law.
