S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2096
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M.  of  A. PERRY, SIMON -- read once and referred to the
   Committee on Governmental 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 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07214-01-9

 A. 2096                             2
 
   (A)  THREE YEARS AFTER THE AGGRIEVED PERSON FILES A COMPLAINT WITH HIS
 OR HER EMPLOYER; OR
   (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.