New York S 4356: Allows an action for unlawful discriminatory practice to be brought within three years after dismissal for administrative convenience

Bill Text

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S04356 Summary:

BILL NOS04356 

&nbsp

SAME ASSAME AS A06346

&nbsp

SPONSORBAILEY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §297, Exec L

&nbsp

Authorizes the institution of a suit in any court of competent jurisdiction alleging a violation of the human rights law for a period of three years after the dismissal of a complaint for administrative convenience by the division of human rights.

Go to top S04356 Actions:

BILL NOS04356 

&nbsp

02/04/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Go to topS04356 Committee&nbspVotes:

Go to topS04356 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04356 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4356

 2025-2026 Regular Sessions

 IN SENATE

 February 4, 2025
 ___________

 Introduced by Sen. BAILEY -- 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 institution of court
 actions

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

 1 Section 1. The opening paragraph of subdivision 9 of section 297 of
 2 the executive law, as amended by chapter 140 of the laws of 2022, is
 3 amended to read as follows:
 4 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] pursuant to this
 11 section or with any local commission on human rights, or with the super-
 12 intendent pursuant to the provisions of section two hundred ninety-six-a
 13 of this article, provided that, where the division has dismissed such
 14 complaint on the grounds of administrative convenience, on the grounds
 15 of untimeliness, or on the grounds that the election of remedies is
 16 annulled, such person shall maintain all rights to bring suit as if no
 17 complaint had been filed with the division and may bring such suit with-
 18 in three years after any such dismissal for administrative convenience.
 19 At any time prior to a hearing before a hearing examiner, a person who
 20 has a complaint pending at the division may request that the division
 21 dismiss the complaint and annul his or her election of remedies so that
 22 the human rights law claim may be pursued in court, and the division
 23 may, upon such request, dismiss the complaint on the grounds that such
 24 person's election of an administrative remedy is annulled. Notwithstand-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01734-01-5

 S. 4356 2

 1 ing subdivision (a) of section two hundred four of the civil practice
 2 law and rules, if a complaint is so annulled by the division, upon the
 3 request of the party bringing such complaint before the division, such
 4 party's rights to bring such cause of action before a court of appropri-
 5 ate jurisdiction shall be limited by the statute of limitations in
 6 effect in such court at the time the complaint was initially filed with
 7 the division. Any party to a housing discrimination complaint shall have
 8 the right within twenty days following a determination of probable cause
 9 pursuant to subdivision two of this section to elect to have an action
 10 commenced in a civil court, and an attorney representing the division of
 11 human rights [will] shall be appointed to present the complaint in
 12 court[,] or, with the consent of the division, the case may be presented
 13 by complainant's attorney. A complaint filed by the equal employment
 14 opportunity commission to comply with the requirements of 42 USC
 15 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) shall not constitute
 16 the filing of a complaint within the meaning of this subdivision. No
 17 person who has initiated