NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1494
SPONSOR: Perry TITLE OF BILL:
An act to amend the executive law, in relation to unlawful discriminato-
ry practices based upon delays in reporting workplace sexual harassment,
and in relation to extending the statute of limitations in cases before
the state division of human rights of sexual harassment in the work-
place; 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
PURPOSE:
To prohibit an employer from implementing its own statute of limitations
on the victim's ability to report a sexual harassment claim, thereby
requiring the employer to address and resolve said claim at any time
that the claim is submitted.
SUMMARY OF PROVISIONS:
Section one of the bill states that this act shall be known and may be
cited as the "no right time" act.
Section two of the bill adds paragraph (i) to subdivision 1 of § 296 of
the executive law declaring it an unlawful discriminatory practice for
an employer, labor organization, or employment agency to restrict the
timeframe in which an employee may bring a sexual harassment claim
unless the restriction is in accordance with that statute of limitations
in state law or to discharge, expel, or otherwise discriminate against
any person should they delay in reporting or filing a sexual harassment
complaint in the workplace. This paragraph also defines "sexual harass-
ment" as an unlawful discriminatory practice on the basis of sex that is
based on unwelcome sexual advances, request for sexual favors, and other
verbal or physical conduct of a Sexual nature.
Section three of the bill amends subdivision 5 of § 297 of the executive
law to state that in cases of sexual harassment, any complaint filed
with the state division of human rights must occur either three years
after .a person files a complaint with their employer or if the individ-
ual has not filed a complaint, three years after no longer being
employed by that employer, whichever is later.
Section four of the bill adds § 213-e to the civil practice law and
rules to provide that a civil claim or cause of action alleging sexual
harassment in the workplace may be brought by an individual to recover
damages from their employer either three years after a person files a
complaint with their employer or if the individual has not filed a
complaint, three years after no longer being employed by that employer,
whichever is later.
Section five of the bill provides the effective date.
JUSTIFICATION:
The overwhelming amount of individuals who have come forward following
the revelations by countless women of sexual harassment, sexual assault,
and rape committed by Harvey Weinstein has shed a bright light on the
multitude of ways that a person in a position of power can take advan-
tage of their subordinates. Although the accounts that have been
reported have been primarily men committing these acts against women,
the issue potentially could impact any employee, regardless of whether
they are a woman or a man.
In many instances, victims of sexual harassment fail to report the inci-
dent when it occurs. This happens for a variety of reasons including
fears of retribution, not feeling comfortable discussing the incident,
and at times the hurdles involved in reporting the incident. Some organ-
izations have established a policy wherein a report of sexual harassment
must be made within a given timeframe. For example, the US Congress
requires sexual harassment victims to bring a claim to the US Congress
Office of Compliance within 180 days of the incident occurring.
Sexual harassment in the workplace has been and continues to be a prob-
lem of significant magnitude. A 2016 study conducted by the U.S. Equal
Employment Opportunity Commission found that approximately 25% of women
reported experiencing sexual harassment in the workplace. In the same
study, approximately 40% of women experienced one or more specific sexu-
ally-based behaviors, such as unwanted sexual attention or sexual coer-
cion. This is consistent with other studies which have found that
approximately one in four women experience sexual harassment in the
workplace and surveys conducted in 1980, 1987, and 1994 by the Merit
Systems Protection Board of federal employees which routinely found
40%-45% of women responding they had experienced unwanted sexual atten-
tion or sexual coercion.
The victim of sexual harassment should not face a time limit within
which they must report a sexual harassment claim. Therefore, it is alto-
gether appropriate that New York State should forbid an employer from
implementing a policy which would require the victim of sexual harass-
ment to report the incident within a given period of time.
PRIOR LEGISLATIVE HISTORY:
2018: A.2096 - Referred to Governmental Operations
2018: A.8911-A - Referred to Governmental Operations
FISCAL IMPLICATIONS:
None to the State
EFFECTIVE DATE:
Thirtieth day after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
1494
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
Introduced by M. of A. PERRY, SIMON -- 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 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 (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
20 section must be so filed within three years after the alleged unlawful
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05062-01-1
A. 1494 2
1 discriminatory practices; provided that in cases of sexual harassment,
2 the complaint must be so filed within the later of:
3 (a) three years after the aggrieved person files a complaint with his
4 or her employer; or (b) if the aggrieved person does not file a
5 complaint with his or her employer, three years after he or she ceases
6 to be employed by that employer.
7 § 4. The civil practice law and rules is amended by adding a new
8 section 213-e to read as follows:
9 § 213-e. Action by a victim of sexual harassment in the workplace.
10 Notwithstanding any other limitation set forth in this article, a civil
11 claim or cause of action alleging sexual harassment in the workplace
12 brought by a person to recover damages from his or her employer for
13 physical, psychological or other injury or condition suffered by such
14 person as a result of acts by such employer may be brought within the
15 later of:
16 1. three years after the person files a complaint with his or her
17 employer; or
18 2. if the person does not file a complaint with his or her employer,
19 three years after he or she ceases to be employed by that employer.
20 § 5. This act shall take effect on the thirtieth day after it shall
21 have become a law.
