Bill Text: NY A11296 | 2017-2018 | General Assembly | Amended
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 10-0)
Status: (Introduced - Dead) 2018-10-19 - print number 11296b [A11296 Detail]
Download: New_York-2017-A11296-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 11296--B IN ASSEMBLY July 25, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Simotas, D'Urso, Dinowitz, Ortiz, Wallace, Epstein, Mosley, Abinanti, Stirpe, Quart) -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee 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 22 be tolled during ongoing proceedings related to the alleged unlawful 23 discriminatory practice, from the date an investigation commences or the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16360-06-8A. 11296--B 2 1 complainant files a complaint with their employer or the appropriate 2 local, state or federal agency, whichever is earlier, until the date the 3 complainant is notified that the investigation has concluded. 4 § 3. This act shall take effect immediately.