New York S 1810: Relates to unlawful discriminatory practices based upon delays in reporting workplace sexual harassment

Bill Text

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S01810 Summary:

BILL NOS01810 

&nbsp

SAME ASSAME AS A07187

&nbsp

SPONSORFERNANDEZ

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§296 & 297, Exec L; add §213-e, CPLR

&nbsp

Relates to unlawful discriminatory practices based upon delays in reporting workplace sexual harassment.

Go to top S01810 Actions:

BILL NOS01810 

&nbsp

01/14/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Go to topS01810 Committee&nbspVotes:

Go to topS01810 Floor&nbspVotes:

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

Go to topS01810 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1810

 2025-2026 Regular Sessions

 IN SENATE

 January 14, 2025
 ___________

 Introduced by Sen. FERNANDEZ -- 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 unlawful discriminato-
 ry practices based upon delays in reporting workplace sexual harass-
 ment, 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 statute of limitations in cases of sexual harassment
 in the workplace

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

 1 Section 1. This act shall be known and may be cited as the "no right
 2 time act".
 3 § 2. Subdivision 1 of section 296 of the executive law is amended by
 4 adding a new paragraph (i) to read as follows:
 5 (i) For any employer, labor organization or employment agency to
 6 restrict the timeframe during which an employee may bring a sexual
 7 harassment claim, unless such restriction is in accordance with the
 8 statute of limitations currently provided for in state law or to
 9 discharge, expel or otherwise discriminate against any person because
 10 such person has delayed in reporting or filing a complaint regarding
 11 sexual harassment in the workplace. As used in this paragraph "sexual
 12 harassment" means an unlawful discriminatory practice on the basis of
 13 sex that is based on unwelcome sexual advances, request for sexual
 14 favors, and other verbal or physical conduct of a sexual nature.
 15 § 3. Subdivision 5 of section 297 of the executive law, as amended by
 16 chapter 656 of the laws of 2023, is amended to read as follows:
 17 5. Any complaint filed pursuant to this section must be so filed with-
 18 in three years after the alleged unlawful discriminatory practice;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05058-01-5

 S. 1810 2

 1 provided that in cases of sexual harassment, the complaint must be so
 2 filed within the later of:
 3 (a) three years after the aggrieved person files a complaint with such
 4 aggrieved person's employer; or (b) if the aggrieved person does not
 5 file a complaint with such aggrieved person's employer, three years
 6 after such aggrieved person ceases to be employed by that employer.
 7 § 4. The civil practice law and rules is amended by adding a new
 8 section 213-e to read as follows:
 9 § 213-e. Action by a victim of sexual harassment in the workplace.
 10 Notwithstanding any other limitation set forth in this article, a civil
 11 claim or cause of action alleging sexual harassment in the workplace
 12 brought by a person to recover damages from such person's employer for
 13 physical, psychological or other injury or condition suffered by such
 14 person as a result of acts by such employer may be brought within the
 15 later of:
 16 1. three years after the person files a complaint with such person's
 17 employer; or
 18 2. if the person does not file a complaint with such person's employ-
 19 er, three years after such person ceases to be employed by that employ-
 20 er.
 21 § 5. This act shall take effect on the thirtieth day after it shall
 22 have become a law.

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