Bill Text: NY S03110 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Allows for punitive damages for unlawful discriminatory practices beyond just housing discrimination cases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S03110 Detail]

Download: New_York-2021-S03110-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3110

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 27, 2021
                                       ___________

        Introduced  by  Sen. KRUEGER -- 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

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 9 of section 297 of the executive law, as sepa-
     2  rately amended by chapter 160 of the laws of 2019 and chapter 236 of the
     3  laws of 2020, is amended to read as follows:
     4    9.  Any  person claiming to be aggrieved by an unlawful discriminatory
     5  practice shall have a cause of action in any court of appropriate juris-
     6  diction for damages, including, in cases  of  employment  discrimination
     7  related to private employers [and housing discrimination] only, punitive
     8  damages,  and  such  other remedies as may be appropriate, including any
     9  civil fines and penalties provided in subdivision four of this  section,
    10  unless  such  person  had  filed a complaint hereunder or with any local
    11  commission on human rights, or with the superintendent pursuant  to  the
    12  provisions  of  section  two  hundred  ninety-six-a  of  this  [chapter]
    13  article, provided that, where the division has dismissed such  complaint
    14  on  the grounds of administrative convenience, on the grounds of untime-
    15  liness, or on the grounds that the election  of  remedies  is  annulled,
    16  such  person  shall maintain all rights to bring suit as if no complaint
    17  had been filed with the division. At any time prior to a hearing  before
    18  a hearing examiner, a person who has a complaint pending at the division
    19  may request that the division dismiss the complaint and annul his or her
    20  election  of  remedies so that the human rights law claim may be pursued
    21  in court, and the division may, upon such request, dismiss the complaint
    22  on the grounds that such person's election of an  administrative  remedy
    23  is annulled. Notwithstanding subdivision (a) of section two hundred four
    24  of  the  civil  practice law and rules, if a complaint is so annulled by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07350-01-1
        S. 3110                             2

     1  the division, upon the request of  the  party  bringing  such  complaint
     2  before  the  division, such party's rights to bring such cause of action
     3  before a court of appropriate jurisdiction shall be limited by the stat-
     4  ute of limitations in effect in such court at the time the complaint was
     5  initially filed with the division. Any party to a housing discrimination
     6  complaint  shall  have the right within twenty days following a determi-
     7  nation of probable cause pursuant to subdivision two of this section  to
     8  elect  to  have  an  action  commenced in a civil court, and an attorney
     9  representing the division of human rights will be appointed  to  present
    10  the  complaint  in court, or, with the consent of the division, the case
    11  may be presented by complainant's attorney. A  complaint  filed  by  the
    12  equal  employment opportunity commission to comply with the requirements
    13  of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29  USC  633(b)  shall  not
    14  constitute the filing of a complaint within the meaning of this subdivi-
    15  sion.  No  person  who  has initiated any action in a court of competent
    16  jurisdiction or who has an  action  pending  before  any  administrative
    17  agency under any other law of the state based upon an act which would be
    18  an  unlawful  discriminatory  practice  under  this  article, may file a
    19  complaint with respect to the same grievance under this section or under
    20  section two hundred ninety-six-a of this article. In  cases  of  housing
    21  discrimination  only, a person whose complaint has been dismissed by the
    22  division after investigation for lack of jurisdiction or lack of  proba-
    23  ble  cause  may  file the same cause of action in a court of appropriate
    24  jurisdiction pursuant to this section, unless judicial  review  of  such
    25  dismissal  has  been sought pursuant to section two hundred ninety-eight
    26  of this article.
    27    § 2. This act shall take effect immediately.