New York Senate Bill S01810 Latest Draft

   
  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.