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.