S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8911--A
 
                           I N  A S S E M B L Y
 
                              January 8, 2018
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Governmental Operations  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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 statue 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:
 
   Section 1. This act shall be known and may be cited as the  "no  right
 time act".
   §  2.  Subdivision 1 of section 296 of the executive law is amended by
 adding a new paragraph (h) to read as follows:
   (H) FOR ANY EMPLOYER,  LABOR  ORGANIZATION  OR  EMPLOYMENT  AGENCY  TO
 RESTRICT  THE  TIMEFRAME  DURING  WHICH  AN  EMPLOYEE MAY BRING A SEXUAL
 HARASSMENT CLAIM, UNLESS SUCH RESTRICTION  IS  IN  ACCORDANCE  WITH  THE
 STATUTE  OF  LIMITATIONS  CURRENTLY  PROVIDED  FOR  IN  STATE  LAW OR TO
 DISCHARGE, EXPEL OR OTHERWISE DISCRIMINATE AGAINST ANY PERSON BECAUSE HE
 OR SHE HAS DELAYED IN REPORTING OR FILING A COMPLAINT  REGARDING  SEXUAL
 HARASSMENT  IN  THE WORKPLACE. AS USED IN THIS PARAGRAPH "SEXUAL HARASS-
 MENT" MEANS AN UNLAWFUL DISCRIMINATORY PRACTICE ON THE BASIS OF SEX THAT
 IS BASED ON UNWELCOME SEXUAL ADVANCES, REQUEST FOR  SEXUAL  FAVORS,  AND
 OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE.
   §  3. 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 with-
 in one year after the alleged unlawful discriminatory practice; PROVIDED
 THAT IN CASES OF SEXUAL HARASSMENT, THE COMPLAINT MUST BE SO FILED WITH-
 IN THE LATER OF:
   (A) THREE YEARS AFTER THE AGGRIEVED PERSON FILES A COMPLAINT WITH  HIS
 OR HER EMPLOYER; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13661-05-8

 A. 8911--A                          2
 
   (B)  IF THE AGGRIEVED PERSON DOES NOT FILE A COMPLAINT WITH HIS OR HER
 EMPLOYER, THREE YEARS AFTER HE OR SHE CEASES  TO  BE  EMPLOYED  BY  THAT
 EMPLOYER.
   §  4.  The  civil  practice  law  and rules is amended by adding a new
 section 213-d to read as follows:
   § 213-D. ACTION BY A VICTIM OF SEXUAL  HARASSMENT  IN  THE  WORKPLACE.
 NOTWITHSTANDING  ANY OTHER LIMITATION SET FORTH IN THIS ARTICLE, A CIVIL
 CLAIM OR CAUSE OF ACTION ALLEGING SEXUAL  HARASSMENT  IN  THE  WORKPLACE
 BROUGHT  BY  A  PERSON  TO  RECOVER DAMAGES FROM HIS OR HER EMPLOYER FOR
 PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION  SUFFERED  BY  SUCH
 PERSON  AS  A  RESULT OF ACTS BY SUCH EMPLOYER MAY BE BROUGHT WITHIN THE
 LATER OF:
   1. THREE YEARS AFTER THE PERSON FILES A  COMPLAINT  WITH  HIS  OR  HER
 EMPLOYER; OR
   2.  IF  THE PERSON DOES NOT FILE A COMPLAINT WITH HIS OR HER EMPLOYER,
 THREE YEARS AFTER HE OR SHE CEASES TO BE EMPLOYED BY THAT EMPLOYER.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.