What's happening
This bill amends the executive law to expand court access and clarify procedures for individuals alleging unlawful discriminatory practices, including deadlines and rights after administrative dismissals.
Why it matters
Expands legal options for discrimination victims. By clarifying that individuals whose administrative complaints were dismissed for administrative convenience, untimeliness, or annulled election of remedies can still file lawsuits, the bill ensures that more people retain access to the courts even after procedural setbacks at the agency level.
Establishes a clear three-year deadline after administrative dismissal. This provides certainty and additional time for individuals to bring their cases to court after specific types of administrative dismissals, reducing the risk of losing the right to sue due to procedural technicalities.
Strengthens complainant rights in housing discrimination cases. The amendment requires the Division of Human Rights to appoint an attorney to present the complaint in court upon a probable cause finding, unless the complainant’s own attorney is approved, ensuring robust legal representation for victims.
Clarifies interplay between agency and court processes. The bill more precisely defines when and how a person’s right to pursue a court case is affected by prior or pending administrative complaints, minimizing confusion and the risk of unintentionally forfeiting legal rights.
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Who cares
Headline styles
Extend Discrimination Lawsuit Deadline
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-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
6411
2019-2020 Regular Sessions
IN ASSEMBLY
March 7, 2019
Introduced by M. of A. PEOPLES-STOKES, COOK, GOTTFRIED, RICHARDSON, BLAKE -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to institution of court actions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 9 of section 297 of the executive law, as amended by section 16 of part D of chapter 405 of the laws of 1999, is amended to read as follows:
9. Any person claiming to be aggrieved by an unlawful discriminatory practice shall have a cause of action in any court of appropriate jurisdiction for damages, including, in cases of housing discrimination only, punitive damages, and such other remedies as may be appropriate, including any civil fines and penalties provided in subdivision four of this section, unless such person had filed a complaint [hereunder] pursuant to this section or with any local commission on human rights, or with the superintendent pursuant to the provisions of section two hundred ninety-six-a of this [chapter,] article; provided that, where the division has dismissed such complaint on the grounds of administrative convenience, on the grounds of untimeliness, or on the grounds that the election of remedies is annulled, such person shall maintain all rights to bring suit as if no complaint had been filed with the division and may bring such suit within three years after any such dismissal for administrative convenience. At any time prior to a hearing before a hearing examiner, a person who has a complaint pending at the division may request that the division dismiss the complaint and annul his or her election of remedies so that the human rights law claim may be pursued in court, and the division may, upon such request, dismiss the complaint on the grounds that such person's election of an administrative remedy is annulled. Notwithstanding subdivision (a) of section two hundred four
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04723-01-9
A. 6411 2
of the civil practice law and rules, if a complaint is so annulled by the division, upon the request of the party bringing such complaint before the division, such party's rights to bring such cause of action before a court of appropriate jurisdiction shall be limited by the statute of limitations in effect in such court at the time the complaint was initially filed with the division. Any party to a housing discrimination complaint shall have the right, within twenty days following a determination of probable cause pursuant to subdivision two of this section, to elect to have an action commenced in a civil court, and an attorney representing the division of human rights [will] shall be appointed to present the complaint in court[,] or, with the consent of the division, the case may be presented by complainant's attorney. A complaint filed by the equal employment opportunity commission to comply with the requirements of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) shall not constitute the filing of a complaint within the meaning of this subdivision. No person who has initiated any action in a court of competent jurisdiction or who has an action pending before any administrative agency under any other law of the state based upon an act which would be an unlawful discriminatory practice under this article[,] may file a complaint with respect to the same grievance under this section or under section two hundred ninety-six-a of this article.
§ 2. This act shall take effect immediately.
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