S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7101
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2021
                                ___________
 
 Introduced  by M. of A. GONZALEZ-ROJAS, QUART, GRIFFIN, HEVESI, ABINANTI
   -- read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation  to  retaliation  against
   certain unlawful discriminatory practices by employers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7 of section  296  of  the  executive  law,  as
 amended  by  chapter  166  of  the  laws  of 2000, is amended to read as
 follows:
   7. It shall be an unlawful  discriminatory  practice  for  any  person
 engaged  in  any  activity to which this section applies to retaliate or
 discriminate against any person because he or she has opposed any  prac-
 tices  forbidden  under  this  article  or because he or she has filed a
 complaint, testified or assisted in any proceeding under  this  article.
 RETALIATION MAY INCLUDE, BUT IS NOT LIMITED TO, DISCLOSING AN EMPLOYEE'S
 PERSONNEL  FILES  BECAUSE  HE OR SHE HAS OPPOSED ANY PRACTICES FORBIDDEN
 UNDER THIS ARTICLE OR BECAUSE HE OR SHE HAS FILED A COMPLAINT, TESTIFIED
 OR ASSISTED IN ANY PROCEEDING UNDER  THIS  ARTICLE,  EXCEPT  WHERE  SUCH
 DISCLOSURE  IS  MADE  IN  THE  COURSE  OF  COMMENCING OR RESPONDING TO A
 COMPLAINT IN ANY PROCEEDING UNDER THIS ARTICLE OR  ANY  OTHER  CIVIL  OR
 CRIMINAL  ACTION  OR  OTHER  JUDICIAL  OR  ADMINISTRATIVE  PROCEEDING AS
 PERMITTED BY APPLICABLE LAW.
   § 2. Subdivision 9 of section 297 of the executive law, as  separately
 amended  by  chapter 160 of the laws of 2019 and chapter 236 of the laws
 of 2020, is amended to read as follows:
   9. Any person claiming to be aggrieved by an  unlawful  discriminatory
 practice shall have a cause of action in any court of appropriate juris-
 diction  for  damages,  including, in cases of employment discrimination
 related to private employers and housing discrimination  only,  punitive
 damages,  and  such  other remedies as may be appropriate, including any
 civil fines and penalties provided in subdivision four of this  section,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10544-01-1

 A. 7101                             2
 
 unless  such  person  had  filed a complaint hereunder or with any local
 commission on human rights, or with the superintendent pursuant  to  the
 provisions  of  section  two  hundred  ninety-six-a  of  this  [chapter]
 ARTICLE,  provided that, where the division has dismissed such complaint
 on the grounds of administrative convenience, on the grounds of  untime-
 liness,  or  on  the  grounds that the election of remedies is annulled,
 such person shall maintain all rights to bring suit as if  no  complaint
 had  been filed with the division. At any time prior to a hearing before
 a hearing examiner, a person who has a complaint pending at the division
 may request that the division dismiss the complaint and annul his or her
 election of remedies so that the human rights law claim may  be  pursued
 in court, and the division may, upon such request, dismiss the complaint
 on  the  grounds that such person's election of an administrative remedy
 is annulled. Notwithstanding subdivision (a) of section two hundred four
 of the civil practice law and rules, if a complaint is  so  annulled  by
 the  division,  upon  the  request  of the party bringing such complaint
 before the division, such party's rights to bring such cause  of  action
 before a court of appropriate jurisdiction shall be limited by the stat-
 ute of limitations in effect in such court at the time the complaint was
 initially filed with the division. Any party to a housing discrimination
 complaint  shall  have the right within twenty days following a determi-
 nation of probable cause pursuant to subdivision two of this section  to
 elect  to  have  an  action  commenced in a civil court, and an attorney
 representing the division of human rights will be appointed  to  present
 the  complaint  in court, or, with the consent of the division, the case
 may be presented by complainant's attorney. A  complaint  filed  by  the
 equal  employment opportunity commission to comply with the requirements
 of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29  USC  633(b)  shall  not
 constitute the filing of a complaint within the meaning of this subdivi-
 sion.  No  person  who  has initiated any action in a court of competent
 jurisdiction or who has an  action  pending  before  any  administrative
 agency under any other law of the state based upon an act which would be
 an  unlawful  discriminatory  practice  under  this  article, may file a
 complaint with respect to the same grievance under this section or under
 section two hundred ninety-six-a of this article. In  cases  of  housing
 discrimination  only, a person whose complaint has been dismissed by the
 division after investigation for lack of jurisdiction or lack of  proba-
 ble  cause  may  file the same cause of action in a court of appropriate
 jurisdiction pursuant to this section, unless judicial  review  of  such
 dismissal  has  been sought pursuant to section two hundred ninety-eight
 of this article.  THE ATTORNEY GENERAL SHALL HAVE THE POWER TO  COMMENCE
 AN  ACTION  OR PROCEEDING IN THE SUPREME COURT OF THE STATE OF NEW YORK,
 IF, UPON INFORMATION OR BELIEF, THE ATTORNEY GENERAL IS OF  THE  OPINION
 THAT  AN  EMPLOYER  HAS  BEEN, IS, OR IS ABOUT TO VIOLATE THE PROVISIONS
 REGARDING UNLAWFUL DISCRIMINATORY RETALIATION  PURSUANT  TO  SUBDIVISION
 SEVEN OF SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE. NOTHING IN THIS
 SECTION  SHALL  IN  ANY WAY LIMIT RIGHTS OR REMEDIES WHICH ARE OTHERWISE
 AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL OR ANY OTHER PERSON  AUTHOR-
 IZED TO BRING AN ACTION UNDER THIS SECTION.
   § 3. This act shall take effect immediately.