Bill Text: NY A01042 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 1042 (Prior Session Legislation)

Introduced

Bill Title: Extends the time to file a complaint for an unlawful discriminatory practice from one year to three years; provides that the notice of intention to file pursuant to the court of claims act for any claim to recover damages for an unlawful discriminatory practice shall be filed within six months.

Spectrum: Partisan Bill (Democrat 66-1)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A01042 Detail]

Download: New_York-2019-A01042-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1042
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M.  of  A.  SIMOTAS,  ORTIZ,  DINOWITZ, EPSTEIN, STIRPE,
          MOSLEY,  GOTTFRIED,  ABINANTI,   D'URSO,   WALLACE,   QUART,   PAULIN,
          SEAWRIGHT,  M. G. MILLER,  RA, LENTOL, CRUZ, THIELE, SIMON, ZEBROWSKI,
          CYMBROWITZ, STERN, GLICK, FERNANDEZ, MAGNARELLI -- Multi-Sponsored  by
          --  M.  of  A. DenDEKKER -- read once and referred to the Committee on
          Governmental Operations
        AN ACT to amend the executive law  and  the  court  of  claims  act,  in
          relation to filing a complaint for an unlawful discriminatory practice
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 5 of section  297  of  the  executive  law,  as
     2  amended  by  chapter  958  of  the  laws  of 1968, is amended to read as
     3  follows:
     4    5. Any complaint filed pursuant to this section must be so filed with-
     5  in [one year] three years  after  the  alleged  unlawful  discriminatory
     6  practice.  The  statute  of  limitations  shall be tolled during ongoing
     7  proceedings related to the  alleged  unlawful  discriminatory  practice,
     8  from  the  date  an  investigation  commences or the complainant files a
     9  complaint with their employer or the appropriate local, state or federal
    10  agency, whichever is earlier, until the date the complainant is notified
    11  that the investigation has concluded.
    12    § 2. Section 10 of the court of claims act is amended by adding a  new
    13  subdivision 10 to read as follows:
    14    10.  Notwithstanding  any provision of law to the contrary, a claim to
    15  recover damages for an  unlawful  discriminatory  practice  pursuant  to
    16  article  fifteen of the executive law shall be filed and served upon the
    17  attorney general within six months after  the  accrual  of  such  claim,
    18  unless  the  claimant  shall  within  such  time serve upon the attorney
    19  general a written notice of intention to file a claim therefor, in which
    20  event the claim shall be filed and  served  upon  the  attorney  general
    21  within three years after such accrual.  The statute of limitations shall
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01534-01-9

        A. 1042                             2
     1  be  tolled  during  ongoing  proceedings related to the alleged unlawful
     2  discriminatory practice, from the date an investigation commences or the
     3  complainant files a complaint with their  employer  or  the  appropriate
     4  local, state or federal agency, whichever is earlier, until the date the
     5  complainant is notified that the investigation has concluded.
     6    § 3. This act shall take effect immediately.