Skip to content
S2036Senate2019-2020 SessionSame asA1042

Extend Discrimination Complaint Deadline

Official title

“Extends the time to file a complaint for an unlawful discriminatory practice”

Sponsor Alessandra BiaggiSD-34+7 co-sponsorsAffects Legal
Status
Stricken
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

This bill extends the filing deadline for unlawful discrimination complaints from one to three years and allows for tolling during investigations.

Why it matters

  1. Victims of discrimination will have significantly more time (three years instead of one) to file complaints. , which could make the process more accessible for those who need time to process the incident, gather evidence, or seek legal advice before coming forward.

  2. The bill introduces "tolling" of the statute of limitations during ongoing investigations or related proceedings. , meaning the clock stops running while a complaint is being investigated by an employer or agency. This protects complainants from losing their right to file due to lengthy investigations outside their control.

  3. The new rules also apply to claims against the state, aligning the process for filing discrimination claims with general civil rights protections. , and may make it easier to hold public entities accountable for discriminatory practices.

  4. By extending deadlines and accounting for investigative delays, the bill addresses a common barrier to justice in discrimination cases—procedural technicalities—potentially leading to more cases being heard on their merits rather than dismissed on timing grounds.

The daily · weekday mornings

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

Extend Discrimination Complaint Deadline

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Alessandra Biaggi

Senator · Senate District 34

Chair, Ethics And Internal Governance

History

  1. Recommit, enacting clause stricken
  2. Referred to investigations and government operations
  3. Referred to investigations and government operations

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1042Assembly

Extend Discrimination Complaint Deadline

In Assembly Committee · Governmental Operations · Sponsor Aravella Simotas

Impact 6 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2036

2019-2020 Regular Sessions

IN SENATE

January 18, 2019

Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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 Assembly, do enact as follows:

Section 1. 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] three years after the alleged unlawful discriminatory practice. The statute of limitations shall be tolled during ongoing proceedings related to the alleged unlawful discriminatory practice, from the date an investigation commences or the complainant files a complaint with their employer or the appropriate local, state or federal agency, whichever is earlier, until the date the complainant is notified that the investigation has concluded.

§ 2. Section 10 of the court of claims act is amended by adding a new subdivision 10 to read as follows:

10. Notwithstanding any provision of law to the contrary, a claim to recover damages for an unlawful discriminatory practice pursuant to article fifteen of the executive law shall be filed and served upon the attorney general within six months after the accrual of such claim, unless the claimant shall within such time serve upon the attorney general a written notice of intention to file a claim therefor, in which event the claim shall be filed and served upon the attorney general within three years after such accrual. The statute of limitations shall be tolled during ongoing proceedings related to the alleged unlawful discriminatory practice, from the date an investigation commences or the complainant files a complaint with their employer or the appropriate local, state or federal agency, whichever is earlier, until the date the complainant is notified that the investigation has concluded.

§ 3. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01534-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the executive law and the court of claims act, in relation to filing a complaint for an unlawful discriminatory practice

Purpose

To provide victims of unlawful discrimination with sufficient time to file complaints.

Summary of specific provisions

Section 1 amends the executive law to extend the time for filing a complaint with the New York State Division of Human Rights from one year to three years after the alleged unlawful discriminatory practice and provides that the statute of limitations shall be tolled during ongoing proceedings related to the alleged discriminatory practice.

Section 2 amends the court of claims act to add a new subdivision 10 to extend the time to file a notice of intention to file a claim to recover damages for an unlawful discriminatory practice under the human rights law to six months provides that the statute of limitations shall be tolled during ongoing proceedings related to the alleged discriminatory practice.

Section 3 provides the effective date.

Justification

When an individual experiences sexual harassment or discrimination, many barriers can prevent them from immediately coming forward. Victims are not always aware of the avenues for reporting and may need time to consider their options and choose the best course of action. In addition to the practical considerations involved, it can take time for a victim to fully process their trauma and feel prepared to report the abuse. This legislation will strengthen our antidiscrimination protections by providing victims of unlawful practices with three full years to file a complaint with the New York State Division of Human Rights. Addi- tionally, this bill would provide public employees with six months to file a notice of intention to file a claim in all cases related to harassment and discrimination. Under current law, government employees can sometimes have as little as 90 days to decide to file a claim. This inadequate window denies many workers of the opportunity to enforce their legal rights and seek the remedies they are entitled to. Finally, this bill provides that the statute of limitations will be tolled during ongoing proceedings when a victim has made a complaint through their employer or a relevant state, local or federal agency. Extending the time period for filing complaints will help ensure that all employees who have been subjected to discriminatory conduct have sufficient time to pursue legal action.

Prior legislative history

2018: A11296B - Referred to Governmental Operations

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.