What's happening
This bill prohibits employers from penalizing delayed reporting of workplace sexual harassment and extends the statute of limitations for related claims.
Why it matters
Protects employees from retaliation or discrimination. simply because they did not immediately report workplace sexual harassment, recognizing that delayed reporting is common due to fear, shame, or uncertainty.
Extends the time frame for filing complaints. Employees now have up to three years to file a complaint after reporting harassment to their employer, or—if they never formally report it—up to three years after leaving the job, giving survivors more opportunity to seek justice.
Aligns legal timelines across administrative and civil actions. Both complaints before the State Division of Human Rights and lawsuits for damages follow the same extended timeline, reducing confusion and ensuring victims have consistent legal options.
Addresses barriers to reporting. By prohibiting employer-imposed deadlines shorter than the law allows and clarifying legal definitions, the bill aims to dismantle institutional obstacles that have historically discouraged victims from coming forward.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Protect Delayed Harassment Reports
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to governmental operations
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2096
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
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 discriminatory 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 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 Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "no right time act".
§ 2. Subdivision 1 of section 296 of the executive law is amended by adding a new paragraph (h) to read as follows:
(h) For any employer, labor organization or employment agency to restrict the timeframe during which an employee may bring a sexual harassment claim, unless such restriction is in accordance with the statute of limitations currently provided for in state law or to discharge, expel or otherwise discriminate against any person because he or she has delayed in reporting or filing a complaint regarding sexual harassment in the workplace. As used in this paragraph "sexual harassment" means 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.
§ 3. Subdivision 5 of section 297 of the executive law, as amended by chapter 958 of the laws of 1968, is amended to read as follows:
5. Any complaint filed pursuant to this section must be so filed within one year after the alleged unlawful discriminatory practice; provided that in cases of sexual harassment, the complaint must be so filed within the later of:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07214-01-9
A. 2096 2
(a) three years after the aggrieved person files a complaint with his or her employer; or
(b) if the aggrieved person does not file a complaint with his or her employer, three years after he or she ceases to be employed by that employer.
§ 4. The civil practice law and rules is amended by adding a new section 213-d to read as follows:
§ 213-d. Action by a victim of sexual harassment in the workplace. Notwithstanding any other limitation set forth in this article, a civil claim or cause of action alleging sexual harassment in the workplace brought by a person to recover damages from his or her employer for physical, psychological or other injury or condition suffered by such person as a result of acts by such employer may be brought within the later of:
1. three years after the person files a complaint with his or her employer; or
2. if the person does not file a complaint with his or her employer, three years after he or she ceases to be employed by that employer.
§ 5. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.