Chapter 5 - CIVIL ACTION BY PERSONS AGGRIEVED BY UNLAWFUL DISCRIMINATORY PRACTICES

Section 8-502

Section 8-502

  §  8-502  Civil action by persons aggrieved by unlawful discriminatory
practices. a. Except as otherwise provided by law, any  person  claiming
to  be  aggrieved  by  an unlawful discriminatory practice as defined in
chapter one of this title or by an act of discriminatory  harassment  or
violence as set forth in chapter six of this title shall have a cause of
action  in  any  court  of competent jurisdiction for damages, including
punitive damages, and for injunctive relief and such other  remedies  as
may  be  appropriate,  unless such person has filed a complaint with the
city commission on human rights or with  the  state  division  of  human
rights  with respect to such alleged unlawful discriminatory practice or
act of discriminatory harassment  or  violence.  For  purposes  of  this
subdivision, the filing of a complaint with a federal agency pursuant to
applicable  federal law prohibiting discrimination which is subsequently
referred to the city commission on human rights or to the state division
of human rights pursuant to such law shall not be deemed  to  constitute
the filing of a complaint under this subdivision.
  b. Notwithstanding any inconsistent provision of subdivision a of this
section,  where  a  complaint  filed  with  the city commission on human
rights or the state division on human rights is dismissed  by  the  city
commission on human rights pursuant to subdivisions a, b or c of section
8-l13  of  chapter  one of this title, or by the state division of human
rights pursuant to subdivision nine of section two hundred  ninety-seven
of  the  executive  law  either for administrative convenience or on the
grounds that such person's  election  of  an  administrative  remedy  is
annulled,  an  aggrieved  person shall maintain all rights to commence a
civil action pursuant to this chapter as if no such complaint  had  been
filed.
  c.  The  city  commission  on human rights and the corporation counsel
shall each designate a representative authorized to  receive  copies  of
complaints  in  actions  commenced  in  whole  or  in  part  pursuant to
subdivision a of this section. Within 10 days after having  commenced  a
civil  action  pursuant  to subdivision a of this section, the plaintiff
shall  serve  a   copy   of   the   complaint   upon   such   authorized
representatives.
  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 six
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.
  e. Notwithstanding any inconsistent provision of this section, where a
complaint filed with the  city  commission  on  human  rights  or  state
division of human rights is dismissed for administrative convenience and
such  dismissal  is due to the complainant's malfeasance, misfeasance or
recalcitrance, the three year limitation period on  commencing  a  civil
action  pursuant  to  this section shall not be tolled. Unwillingness to
accept  a  reasonable  proposed  conciliation  agreement  shall  not  be
considered malfeasance, misfeasance or recalcitrance.
  f.  The  provisions of this section which provide a cause of action to
persons claiming to be aggrieved by an act of discriminatory  harassment
or violence as set forth in chapter six of this title shall not apply to
acts  committed  by  members  of  the police department in the course of
performing their official duties as police officers whether  the  police
officer  is  on  or  off  duty.  This subdivision shall in no way affect
rights  or  causes  of  action  created  by  Section   14-151   of   the
Administrative Code of the City of New York.

  g.  In any civil action commenced pursuant to this section, the court,
in its discretion, may award the prevailing party costs  and  reasonable
attorney's  fees.  For  the  purposes  of  this  subdivision,  the  term
"prevailing" includes a plaintiff whose commencement of  litigation  has
acted  as  a  catalyst  to  effect  policy  change  on  the  part of the
defendant, regardless  of  whether  that  change  has  been  implemented
voluntarily, as a result of a settlement or as a result of a judgment in
such plaintiff's favor.