BILL NUMBER: S345
SPONSOR: GOUNARDES
 
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to the
statute of limitations for actions based upon unlawful discriminatory
practice in employment
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would extend the statute of limitations for discrimination in
the workplace to six years.
 
SUMMARY OF PROVISIONS:
Section one amends section 213 of the civil practice law and rules.
Section two sets forth the effective date.
 
JUSTIFICATION:
Current state law sets forth a three year statute of limitations for
cases of workplace discrimination, including discrimination in the form
of harassment. Though this statute of limitations is longer than the
180-300 day statute required under federal law, it is still not long
enough for many victims of harassment who fear losing their job or being
penalized for coming forward.
Workplace harassment may be based on race, sex, religion, gender, sexual
orientation, nationality, age, disability or other characteristics and
includes both verbal and physical behavior. Despite being unlawful
under both state and federal law, workplace harassment still occurs
daily in the form of offensive jokes, name-calling, intimidation, sexual
advances, and more.
Those who are victims of workplace harassment may not feel comfortable
coming forward or file complaints for quite some time after the first
instance occurs. Oftentimes this is due to a fear of not being believed,
losing their job, being denied advancement, or otherwise being penalized
for reporting these behaviors. This bill would better protect those who
have been victimized by workplace harassment by doubling the amount of
time they have to file a claim in court to six years.
 
PRIOR LEGISLATIVE HISTORY:
2021-2022: S849A - Passed Senate, died in Assembly
2020: S6322 - Referred to Judiciary
2019: S6322 - Referred to Rules
2017-18: A.11293 - Referred to Judiciary
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.