File #: Int 0864-2022    Version: * Name: Forbidding agreements to shorten the period in which claims and complaints of unlawful discriminatory practices, harassment or violence may be filed and in which civil actions may be commenced.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Civil and Human Rights
On agenda: 12/21/2022
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to forbidding agreements to shorten the period in which claims and complaints of unlawful discriminatory practices, harassment or violence may be filed and in which civil actions may be commenced
Sponsors: Lincoln Restler, Tiffany Cabán, Nantasha M. Williams, Farah N. Louis, Shahana K. Hanif, Crystal Hudson, Shaun Abreu, Kristin Richardson Jordan, Kevin C. Riley
Council Member Sponsors: 9
Summary: Under Title 8 of the Administrative Code, people have one year to file a complaint with the NYC Commission on Human Rights for an unlawful discriminatory practice or act of discriminatory harassment or violence and three years to file a claim of gender-based harassment. In addition, they may commence a civil action within three years. This bill would make unenforceable and void any provision of any agreement that purports to shorten such periods.
Attachments: 1. Summary of Int. No. 864, 2. Int. No. 864, 3. December 21, 2022 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 12-21-22, 5. Minutes of the Stated Meeting - December 21, 2022, 6. Committee Report 6/26/23, 7. Hearing Testimony 6/26/23, 8. Hearing Transcript 6/26/23
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2023*Lincoln Restler City Council Filed (End of Session)  Action details Meeting details Not available
6/26/2023*Lincoln Restler Committee on Civil and Human Rights Hearing Held by Committee  Action details Meeting details Not available
6/26/2023*Lincoln Restler Committee on Civil and Human Rights Laid Over by Committee  Action details Meeting details Not available
12/21/2022*Lincoln Restler City Council Referred to Comm by Council  Action details Meeting details Not available
12/21/2022*Lincoln Restler City Council Introduced by Council  Action details Meeting details Not available

Int. No. 864

 

By Council Members Restler, Cabán, Williams, Louis, Hanif, Hudson, Abreu, Richardson Jordan and Riley

 

A Local Law to amend the administrative code of the city of New York, in relation to forbidding agreements to shorten the period in which claims and complaints of unlawful discriminatory practices, harassment or violence may be filed and in which civil actions may be commenced

 

Be it enacted by the Council as follows:

Section 1. Subdivision (e) of section 8-109 of the administrative code of the city of New York, as amended by local law number 100 for the year 2018, is amended to read as follows:

(e) The commission shall not have jurisdiction over any complaint that has been filed more than one year after the alleged unlawful discriminatory practice or act of discriminatory harassment or violence as set forth in chapter 6 of this title occurred; provided, however, that the commission shall have jurisdiction over a claim of gender-based harassment if such claim is filed within three years after the alleged harassing conduct occurred. Any provision of any agreement purporting to shorten the periods provided in this subdivision in which a complaint or claim may be filed is unenforceable and void as against public policy.

§ 2. Subdivision d of section 8-502 of the administrative code of the city of New York, as amended by local law number 63 for the year 2018, is amended to read as follows:

d. A civil action commenced under this section must be commenced within three years after the alleged unlawful discriminatory practice or act of discriminatory harassment or violence as set forth in chapter 6 of this title occurred. Upon the filing of a complaint with the city commission on human rights or the state division of human rights and during the pendency of such complaint and any court proceeding for review of the dismissal of such complaint, such three-year limitations period shall be tolled. Any provision of any agreement purporting to shorten the limitations period provided in this subdivision in which a civil action may be commenced is unenforceable and void as against public policy.

§ 3. This local law takes effect immediately.

 

 

 

 

 

 

NAB

LS #10965

11/17/22 11:00AM