What's happening
This bill extends the statute of limitations to six years for workplace harassment claims under New York civil or human rights law.
Why it matters
Statewide court rule. The change would apply across New York to workplace harassment lawsuits brought under the civil rights law or human rights law, rather than to all workplace disputes.
Targeted procedural change. The bill adds a category to the existing civil lawsuit deadline statute; it does not create a new harassment offense or increase penalties.
Delayed start. The change would take effect on the sixtieth day after becoming law. The text does not expressly revive expired claims.
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Who cares
Workers alleging workplace harassment
They would have more time to bring qualifying lawsuits under the civil rights law or human rights law.
Employers facing harassment lawsuits
They could face qualifying claims filed over a longer period.
Employment lawyers
They would need to account for the new deadline when assessing and litigating workplace harassment claims.
Headline styles
Extend Harassment Lawsuit Deadline
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to judiciary
- Referred to rules
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.
Extend Harassment Lawsuit Time
In Assembly Committee · Judiciary · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6322
2019-2020 Regular Sessions
IN SENATE
June 5, 2019
Introduced by Sens. GOUNARDES, LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the civil practice law and rules, in relation to the statute of limitations for actions based on harassment in the workplace
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The section heading and subdivisions 7 and 8 of section 213 of the civil practice law and rules, the section heading as amended and subdivision 7 as renumbered by chapter 43 of the laws of 1975, subdivision 7 as amended by chapter 532 of the laws of 1963, and subdivision 8 as amended by chapter 403 of the laws of 2004, are amended and a new subdivision 9 is added to read as follows:
Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud; based on harassment in the workplace.
7. an action by or on behalf of a corporation against a present or former director, officer or stockholder for an accounting, or to procure a judgment on the ground of fraud, or to enforce a liability, penalty or forfeiture, or to recover damages for waste or for an injury to property or for an accounting in conjunction therewith[.];
8. an action based upon fraud; the time within which the action must be commenced shall be the greater of six years from the date the cause of action accrued or two years from the time the plaintiff or the person under whom the plaintiff claims discovered the fraud, or could with reasonable diligence have discovered it[.];
9. an action based upon harassment in the workplace pursuant to the civil rights law or the human rights law.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02160-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to the statute of limitations for actions based on harassment in the workplace
Purpose or general id a of bill
THIS BILL WOULD EXTEND THE STATUTE OF LIMITATIONS FOR HARASSMENT IN THE WORKPLACE TO SIX YEARS.
Summary of provisions
SECTION ONE AMENDS SECTION 213 OF THE CIVIL PRACTICE LAW AND RULES.
SECTION TWO SETS FORTH THE EFFECTIVE DATE.
Justification
CURRENT STATE LAW SETS FORTH A THREE-YEAR STATUTE OF LIMITATIONS FOR CASES OF WORKPLACE DISCRIMINATION, INCLUDING DISCRIMINATION IN THE FORM OF HARASSMENT. THOUGH THIS STATUTE OF LIMITATIONS IS LONGER THAN THE 180-300 DAY STATUTE REQUIRED UNDER FEDERAL LAW, IT IS STILL NOT LONG ENOUGH FOR MANY VICTIMS OF HARASSMENT WHO FEAR LOSING THEIR JOB OR BEING PENALIZED FOR COMING FORWARD.
WORKPLACE HARASSMENT MAY BE BASED ON RACE, SEX, RELIGION, GENDER, SEXUAL ORIENTATION, NATIONALITY, AGE, DISABILITY OR OTHER CHARACTERISTICS AND INCLUDES BOTH VERBAL AND PHYSICAL BEHAVIOR. DESPITE BEING UNLAWFUL UNDER BOTH STATE AND FEDERAL LAW, WORKPLACE HARASSMENT STILL OCCURS DAILY IN THE FORM OF OFFENSIVE JOKES, NAME-CALLING, INTIMIDATION, SEXUAL ADVANCES AND MORE.
THOSE WHO ARE VICTIMS OF WORKPLACE HARASSMENT MAY NOT COME FORWARD OR FILE COMPLAINTS FOR QUITE SOME TIME AFTER THE FIRST INSTANCE OCCURS. OFTENTIMES THIS IS DUE TO A FEAR OF NOT BEING BELIEVED, LOSING THEIR JOB, BEING DENIED ADVANCEMENT, OR OTHERWISE BEING PENALIZED FOR REPORT- ING THESE BEHAVIORS. THIS BILL WOULD BETTER PROTECT THOSE WHO HAVE BEEN VICTIMIZED BY WORKPLACE HARASSMENT BY DOUBLING THE AMOUNT OF TIME THEY HAVE TO FILE A CLAIM IN COURT TO SIX YEARS.
Prior legislative history
2017-18: A.11293 - REFERRED TO JUDICIARY
Fiscal implications
TO BE DETERMINED.
Effective date
THIS ACT SHALL TAKE EFFECT ON THE SIXTIETH DAY AFTER IT SHALL HAVE BECOME A LAW.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.