S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5870
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10544-01-1

 S. 5870                             2
 
 civil  fines and penalties provided in subdivision four of this section,
 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.