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Int 0864-2022

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.

IntroductionFiledCommittee on Civil and Human Rightsintroduced 2022-12-21

Filed — closed without being enacted.

Official record · Legistar

Agenda: 2022-12-21Passed: 2023-12-31

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.

Committee on Civil and Human RightsHuman Rights Commission, Equal Employment Practices Commission and Equal Employment Opportunity.

How it compares

32% of similar bills passed

16 passed · 34 died

This bill: 375 days in committee

Similar bills: median 474 days · 271 days when passed

Sponsors (9)

Lifecycle

IntroducedIntroduced by Council
2022-12-21 · City Council
ActionReferred to Comm by Council
2022-12-21 · City Council
HeardHearing Held by Committee
2023-06-26 · Committee on Civil and Human Rights
HeldLaid Over by Committee
2023-06-26 · Committee on Civil and Human Rights
ClosedFiled (End of Session)
2023-12-31 · City Council

Heard at (4)

Committee on Civil and Human Rights · 2023-06-29 · 10:00 AM · 250 Broadway - Committee Room, 14th Floor
Committee on Civil and Human Rights · 2023-06-27 · 10:00 AM · Council Chambers - City Hall
Committee on Civil and Human Rights · 2023-06-26 · 2:00 PM · Committee Room - City Hall
City Council · 2022-12-21 · 1:30 PM · Council Chambers - City Hall

Attachments (8)

Full text
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 2