[HISTORY: Adopted by the Albany County Legislature 7-9-2013 by L.L. No. 1-2013. Amendments noted where applicable.]
A.
This chapter shall be known as "An Omnibus Human Rights Law for Albany
County" and it shall be deemed an exercise of the police power of
the County of Albany for the protection of the public welfare, health
and peace of the people of this County and in fulfillment of the provisions
of the Constitution and laws of this state concerning civil rights.
B.
The County of Albany hereby finds and declares that the County has the responsibility to ensure that every individual within its boundaries is afforded an equal opportunity to enjoy a full and productive life, free from violation of basic civil and human rights; that discriminatory practices adversely affecting the equality of opportunity threaten the general welfare of the County and its inhabitants. The County of Albany realizes its obligation to protect the rights and privileges that all individuals have as human beings, and hereby gives the Albany County Human Rights Commission general jurisdiction and power to implement and enforce the provisions of this chapter and to hear disputes referred to it through the County's Affirmative Action Officer under this chapter, and the appellate jurisdiction to review any order made through the County's Affirmative Action Officer dismissing a complaint for lack of jurisdiction or for want of probable cause. The Human Rights Commission shall have the general jurisdiction and power to set forth and prescribe the duties of the Affirmative Action Officer with respect to the implementation, administration and enforcement of this chapter. Nothing in this chapter shall affect the powers of the Albany County Executive under Articles 3 and 12 of the Albany County Charter, Local Law No. 8-1993, as amended by Local Law No. 7-1996, Local Law No. 6-1998 and Local Law No. 7-1998.[1]
C.
It shall be the policy of the County of Albany to encourage programs
designed to ensure that every individual has an equal opportunity
to participate fully in the life of this County, free from violation
of their basic civil and human rights; and to prohibit discrimination
because of race, sex, creed, color, religion, national origin, sexual
orientation, gender identity or expression, age, disability, genetic
predisposition or carrier status, or marital status, in areas of employment,
public accommodations, housing and real property transactions.
D.
In establishing this policy the Albany County Legislature makes clear
its action is not intended to promote any particular attitude, course
of conduct or way of life. Rather, its purpose is to ensure that individuals
who live in our free society have the capacity to make their own choice,
follow their own beliefs and conduct their own lives as they see fit,
consistent with existing law. Nothing in this chapter should be construed
to create, add, alter or abolish any right to marry that may exist
under any federal or state constitution or state law.
E.
Furthermore, nothing contained herein is to be construed to bar any
religious or denominational institution or organization, or any organization
operated for charitable or educational purposes and operated, supervised
or controlled by or connected with a religious organization, from
limiting employment or sale or rental of housing accommodations or
admission to or giving preference to persons of the same religion
or denomination or for making such selection as is calculated by such
organization to promote the religious principles for which it is established
or maintained.
The opportunity to obtain employment, use of places of public
accommodation, and the use, occupancy and/or ownership of housing
accommodations, land and commercial space without discrimination because
of race, sex, creed, color, religion, national origin, sexual orientation,
gender identity or expression, age, disability, genetic predisposition
or carrier status, or marital status is hereby recognized as and declared
to be a civil right. Nothing contained herein, however, shall be construed
to protect conduct otherwise proscribed by law.
A.
Terms not
explicitly defined herein shall have the same meanings as defined
and used in New York Executive Law § 292, as amended, and
incorporated herein by reference.
B.
The term "national origin," for the purpose of this chapter, shall include "ancestry." The terms "disability," "marital status" and " sex" shall be defined and used for the purpose of this chapter as they are defined and used in the New York Executive Law, Article 15, § 292, as amended, incorporated by reference. The term "sexual orientation" includes actual or expressly perceived homosexuality, heterosexuality, asexuality and bisexuality.
C.
COMMISSION
DISCRIMINATION
EMPLOYEE
EMPLOYMENT AGENCY
GENDER IDENTITY OR EXPRESSION
HIM, HER, HIMSELF, HERSELF, HE AND SHE
HOUSING ACCOMMODATION
OFFICE
PERSON
PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT
As used
in this chapter, the following terms shall have the meanings indicted:
Unless a different meaning clearly appears from the context,
the Albany County Human Rights Commission, which is hereby established
pursuant to this chapter and which shall consist of no more than nine
members appointed by the Albany County Legislature upon the recommendations
of the County Executive and the Legislature's Majority and Minority
Leaders and serving at the pleasure of the County Legislature.
Include segregation and separation.
As used in this chapter does not include any individual employed
by his parents, spouse or child, or in the domestic service of any
person.
Includes any person undertaking to procure employees or opportunities
to work.
Actual or perceived gender identity, or gender-related appearance,
behavior, mannerisms or other characteristics of an individual, with
or without regard to the individual's assigned sex at birth.
Used interchangeably to designate an individual, regardless
of the gender thereof.
Includes any building, structure or portion thereof which
is used or occupied or is intended, arranged or designed to be used
or occupied as the home, residence or sleeping place of one or more
human beings.
Unless a different meaning clearly appears from the context,
means the Division of Affirmative Action within the Department of
Human Resources.
Includes one or more individuals, partnerships, associations,
corporations, legal representatives, trustees, trustees in bankruptcy
or receivers.
Includes, except as hereinafter specified, all places included in the meaning of such term as set forth in the New York Executive Law, Article 15, § 292, as amended, incorporated herein by reference.
The Commission, by its members or their duly authorized officers
or employees, shall have the following functions, powers and duties:
A.
To foster mutual respect and understanding among the public and all groups and individuals who are afforded protection against discrimination under § 191-2 of this chapter.
B.
To make such studies in any field of human relationship in the community
as in the judgment of the Commission will aid in effectuating its
general purposes and, where desirable, to make the results of such
studies public.
C.
To inquire into incidents of tension and conflict among or between various groups and individuals who are afforded protection against discrimination under § 191-2 of this chapter, and to take such action as may be designed to alleviate such tensions and conflict.
D.
To conduct and recommend such educational programs as, in the judgment
of the Commission, will increase goodwill among inhabitants of the
community and open new opportunities into all phases of community
life for all inhabitants.
E.
To report complaints to the State Division of Human Rights alleging unlawful discriminatory practices under Article 15 of the Executive Law.
F.
To receive, accept and expend, with the approval of the County Legislature,
public grants and private gifts, donations or bequests and other payments,
goods and services, notwithstanding any other provision of law. Any
moneys so received may be expended by the Commission to effectuate
any purpose of this chapter, subject to the same limitations as to
approval of expenditures and audit as are prescribed for County moneys
appropriated for the purpose of this chapter.
The Commission, by its members or their duly authorized officers
or employees, shall have the following general obligations:
A.
To receive complaints of alleged discrimination in accordance with
this chapter, to seek the active assistance of the State Division
of Human Rights in the resolution of complaints which fall within
the jurisdiction of the Division and to prepare its own plans in the
case of other complaints with a view to reducing and eliminating such
alleged discrimination through the process of conference, conciliation
and persuasion and any other means necessary to carry out the purposes
of this chapter.
B.
To hold conferences and other public meetings in the interest of the constructive resolution of tensions between groups and individuals who are afforded protection under § 191-2 of this chapter, and the prejudice and discrimination occasioned thereby.
C.
To issue such publications and reports of investigations as in its
judgment will tend to effectuate the purpose of this chapter.
D.
To enlist the cooperation and participation of the various groups and individuals who are afforded protection against discrimination under § 191-2 of this chapter, community organizations, industry and labor organizations, media or mass communication, fraternal and benevolent associations, and other groups in an educational campaign devoted to fostering among the diverse groups of the community mutual esteem, justice and equity and opening new opportunities into all phases of community life for all individuals.
E.
To encourage and stimulate Albany County agencies to take such action
as will fulfill the purposes of this chapter.
F.
To submit an annual report to the County Executive and County Legislature
and to furnish a copy thereof to the State Division of Human Rights.
The Affirmative Action Officer shall have the following functions,
powers and duties:
A.
To handle all inquiries from employers, employees, landlords, tenants,
individuals and organizations regarding this chapter or other problems
involving the rights of individuals.
B.
To promulgate, amend and rescind suitable rules and regulations to
carry out the provisions of this chapter and the policies and practices
of the Commission in connection therewith in consultation with the
Commission, subject to approval of the Legislature.
C.
To receive, investigate and attempt to conciliate complaints alleging
violations of this chapter and to refer cases to other organizations
where deemed appropriate.
D.
To investigate and to make, sign and file complaints alleging violations
of this chapter, to initiate investigations and studies to carry out
the purposes of this chapter.
E.
To seek the active assistance of the State Division of Human Rights
in the resolution of complaints which fall within the jurisdiction
of the Division and to address cases of other complaints with a view
to reducing and eliminating such alleged discrimination through the
process of conference, conciliation and persuasion and any other means
necessary to carry out the purposes of this chapter.
F.
To inquire into incidents of and conditions which may lead to tension and conflict among the groups and individuals who are afforded protection against discrimination under § 191-2 of this chapter, and to take such action within the authority granted by law as may be designed to alleviate such conditions, tension and conflict.
G.
To speak on behalf of the Human Rights Commission to various local
and state organizations to implement the educational function of the
Human Rights Commission within the community.
A.
Unlawful practices.
(1)
It
shall be an unlawful discriminatory practice:
(a)
For an employer or licensing agency, because of the race, sex,
creed, color, religion, national origin, sexual orientation, gender
identity or expression, age, disability, genetic predisposition or
carrier status, or marital status of any individual to refuse to hire
or employ or to bar or to discharge from employment such individual
or to discriminate against such individual in compensation or in terms,
conditions or privileges of employment.
(b)
For an employment agency to discriminate against any individual
because of race, sex, creed, color, religion, national origin, sexual
orientation, gender identity or expression, age, disability, genetic
predisposition or carrier status, or marital status in receiving,
classifying, disposing or otherwise acting upon applications for its
services or in referring an applicant or applicants to an employer
or employers.
(c)
For a labor organization, because of the age, race, sex, creed,
color, religion, national origin, sexual orientation, gender identity
or expression, age, disability, genetic predisposition or carrier
status, or marital status of any individual to exclude or to expel
from its membership such individual or to discriminate in any way
against any of its members or against any employer or any individual
employed by an employer.
(d)
For any employer or employment agency to print or circulate
or cause to be printed or circulated any statement, advertisement
or publication, or to use any form of application for employment or
to make any inquiry in connection with prospective employment, which
expresses, directly or indirectly, any limitations or discrimination
as to race, sex, creed, color, religion, national origin, sexual orientation,
gender identity or expression, age, disability, genetic predisposition
or carrier status, or marital status, or any intent to make any such
limitation, specification or discrimination, unless based upon a bona
fide occupational qualification; provided, however, that neither this
subsection nor any provision of this chapter or other law shall be
construed to prohibit the personnel office from requesting information
from applicants for civil service examinations concerning any of the
aforementioned characteristics for the purpose of conducting studies
to identify and resolve possible problems in recruitment and testing
of members of minority groups to ensure the fairest possible and equal
opportunities for employment in the civil service for all persons,
regardless of race, sex, creed, color, religion, national origin,
sexual orientation, gender identity or expression, age, disability,
genetic predisposition or carrier status, or marital status.
(e)
For any employer or employment agency to discharge, expel or
otherwise discriminate against any person because he/she has opposed
any practices forbidden under this chapter or because he/she has filed
a complaint, testified or assisted in any proceeding under this chapter.
(f)
For any person, agency, bureau, corporation or association,
including the state and any political subdivision thereof, to deny
any license or employment to any individual by reason of his/her having
been convicted of one or more criminal offenses, or by reason of a
finding of a lack of "good moral character" which is based upon his/her
having been convicted of one or more criminal offenses, when such
denial is in violation of the provisions of Article 23-A of the Correction
Law.
(g)
For an employer or an employment agency to:
[Added 10-10-2017 by L.L.
No. 10-2017]
[1]
Screen job applicants based on their wage, including benefits
or other compensation or salary histories, including by requiring
that an applicant's prior wages, including benefits or other compensation
or salary history, satisfy minimum or maximum criteria; or
[2]
Request or require as a condition of being interviewed, or as
a condition of continuing to be considered for an offer of employment,
that a job applicant disclose prior wages or salary history; or
[3]
Seek the salary history of any job applicant from any current
or former employer; provided, however, that a job applicant may provide
written authorization to a prospective employer or employment agency
to confirm prior wages, including benefits or other compensation or
salary history, only after any offer of employment with compensation
has been made to the job applicant.
(h)
For an employer, employment agency or licensing agency to deny
any license, employment or promotion to any individual by reason of
the person's natural hair texture, use of protective hairstyles
or use of turban wraps. The term "protective hairstyles" shall include
styles such as braids, locs, cornrows, twists, Bantu knots, poufs
and similar styles meant to protect natural hair.
[Added 11-8-2021 by L.L.
No. 10-2021]
(2)
Nothing in this subsection shall affect any restrictions upon the
activities of persons licensed by the State Liquor Authority with
respect to persons under 21 years of age.
(3)
Nothing contained herein shall restrict an employer's right to insist
that an employee meet bona fide job-related qualifications of employment;
shall authorize or require employers to establish affirmative action
quotas based on sexual orientation or gender identity or expression,
or to inquire about the sexual orientation or gender identity or expression
of current or prospective employees.
B.
Housing and accommodations.
(1)
It shall be an unlawful discriminatory practice for any person, being
the owner, lessee, proprietor, manager, agent or employee of any place
of public accommodation, resort or amusement, because of the race,
sex, creed, color, religion, national origin, sexual orientation,
gender identity or expression, age, disability, genetic predisposition
or carrier status, or marital status of any person, directly or indirectly
to refuse, withhold from or deny to such person any of the accommodations,
advantages, facilities or privileges thereof, including the extension
of credit, or, directly or indirectly, to publish, circulate, issue,
display, post or mail any written or printed communication, notice
or advertisement to the effect that any of the accommodations, advantages,
facilities and privileges of any person on account of race, sex, creed,
color, religion, national origin, sexual orientation, gender identity
or expression, age, disability, genetic predisposition or carrier
status, or marital status, or that the patronage or custom thereof
any person of or purporting to be of any particular race, sex, creed,
color, religion, national origin, sexual orientation, gender identity
or expression, age or marital status, or having a disability or genetic
predisposition or carrier status, is unwelcome, objectionable or not
acceptable, desired or solicited.
(2)
Nothing in this subsection shall be construed to prevent the barring
of any person, because of the sex of such person, from places of public
accommodations, resort or amusement if the Commission grants an exemption
based on bona fide considerations of public policy; nor shall this
subsection apply to the rental of rooms in a housing accommodation
which restricts such rental to individuals of one sex.
C.
It shall be an unlawful discriminatory practice for any real estate
broker, real estate salesperson or employee or agent thereof or any
other individual, corporation, partnership or organization, for the
purpose of inducing a real estate transaction from which any such
person or any of its stockholders or members may benefit financially,
to represent that a change has occurred or will or may occur in the
composition with respect to race, sex, creed, color, religion, national
origin, sexual orientation, gender identity or expression, age, disability,
genetic predisposition or carrier status, or marital status of the
owners or occupants in the block, neighborhood or area in which the
real property is located, and to represent, directly or indirectly,
that this change will or may result in undesirable consequences in
the block, neighborhood or area in which the real property is located,
including but not limited to the lowering of property values, an increase
in criminal or antisocial behavior or a decline in the quality of
schools or other facilities.
D.
Rental property.
(1)
Discriminatory practices.
(a)
It shall be an unlawful discriminatory practice for the owner,
lessee, sublessee, assignee or managing agent of, or other person
having the right to sell, rent or lease, a housing accommodation,
constructed or to be constructed, or any agent or employee thereof:
[1]
To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
of the race, sex, creed, color, religion, national origin, sexual
orientation, gender identity or expression, age, disability, genetic
predisposition or carrier status, or marital status of such person
or persons.
[2]
To discriminate against any person because of his/her race,
sex, creed, color, religion, national origin, sexual orientation,
gender identity or expression, age, disability, genetic predisposition
or carrier status, or marital status in the terms, conditions or privileges
of the sale, rental or lease of any such housing accommodation or
in the furnishing of facilities or services in connection therewith.
[3]
To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of application
for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective purchase,
rental or lease of housing accommodation which expresses, directly
or indirectly, any limitation, specification or discrimination as
to race, sex, creed, color, religion, national origin, sexual orientation,
gender identity or expression, age, disability, genetic predisposition
or carrier status, or marital status or any intent to make any such
limitation, specification or discrimination.
(b)
The provision of Subsection D(1)(a) shall not apply:
[1]
To the rental of a housing accommodation in a building which
contains housing accommodations for not more than two families living
independently of each other, if the owner or members of his/her family
reside in one of such housing accommodations;
[2]
To the restriction of the rental of all rooms in a housing accommodation
to individuals of the same sex; or
[3]
To the rental of a room or rooms in a housing accommodation,
if such rental is by the occupant of the housing accommodation or
by the owner of the housing accommodation and he/she or members of
his/her family reside in such housing accommodation; or
[4]
Solely with respect to age to the restriction of the sale, rental
or lease of housing accommodations exclusively to persons 55 years
of age or older.
(2)
It shall be an unlawful discriminatory practice for the owner, lessee,
sublessee or managing agent of, or other person having the right of
ownership or possession of or the right to sell, rent or lease land
or commercial space:
(a)
To refuse to sell, rent, lease or otherwise deny to or withhold
from any person or group of persons such land or commercial space
because of the age of such person or persons or because of the race,
sex, creed, color, religion, national origin, sexual orientation,
gender identity or expression, age, disability, genetic predisposition
or carrier status, or marital status of such person or persons.
(b)
To discriminate against any person because of his/her race,
sex, creed, color, religion, national origin, sexual orientation,
gender identity or expression, age, disability, genetic predisposition
or carrier status, or marital status in the terms, conditions or privileges
of the sale, rental or lease of any such land or commercial space;
or in the furnishing of facilities or service in connection therewith.
(c)
To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of application
for the purchase, rental or lease of such land or commercial space
or to make any record or inquiry in connection with the prospective
purchase, rental or lease of such land or commercial space which expresses,
directly or indirectly, any limitation, specification or discrimination
as to race, sex, creed, color, religion, national origin, sexual orientation,
gender identity or expression, age, disability, genetic predisposition
or carrier status, or marital status; or any intent to make any such
limitation, specification or discrimination.
(d)
With respect to age, the provisions of this subsection shall
not apply to the restriction of the sale, rental or lease of land
or commercial space exclusively to persons 55 years of age or older.
(3)
It shall be an unlawful discriminatory practice for any real estate
broker, real estate salesperson or employee or agent thereof:
(a)
To refuse to sell, rent or lease any housing accommodation,
land or commercial space to any person or group of persons or to refuse
to negotiate for the sale, rental or lease of any housing accommodation,
land or commercial space to any person or group of persons because
of the race, sex, creed, color, religion, national origin, sexual
orientation, gender identity or expression, age, disability, genetic
predisposition or carrier status, or marital status of such person
or persons, or to represent that any housing accommodation, land or
commercial space is not available for inspection, sale, rental or
lease when in fact it is so available, or otherwise to deny or withhold
any housing accommodation, land or commercial space or any facilities
of any housing accommodation, land or commercial space from any person
or group of persons because of the race, sex, creed, color, religion,
national origin, sexual orientation, gender identity or expression,
age, disability, genetic predisposition or carrier status, or marital
status of such person or persons.
(b)
To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of application
for the purchase, rental or lease of any housing accommodation, land
or commercial space or to make any record or inquiry in connection
with the prospective purchase, rental or lease of any housing accommodation,
land or commercial space which expresses, directly or indirectly,
any limitation, specification or discrimination as to race, sex, creed,
color, religion, national origin, sexual orientation, gender identity
or expression, age, disability, genetic predisposition or carrier
status, or marital status; or any intent to make any such limitation,
specification or discrimination.
(c)
With respect to age, the provisions of this subsection shall
not apply to the restriction of the sale, rental or lease of any housing
accommodation, land or commercial space exclusively to persons 55
years of age or older.
(4)
It shall be an unlawful discriminatory practice for any real estate
board, because of the race, sex, creed, color, religion, national
origin, sexual orientation, gender identity or expression, age, disability,
genetic predisposition or carrier status, or marital status of any
individual, who is otherwise qualified for membership, to exclude
such individual from membership, or to discriminate against such individual
in the terms, conditions and privileges of membership on such board.
E.
It shall be an unlawful discriminatory practice for any person to
aid, abet, incite, compel or coerce the doing of any of the acts forbidden
under this chapter, or to attempt to do so.
F.
It shall be an unlawful discriminatory practice for any person engaged
in any activity to which this section applies to retaliate or discriminate
against any person because he/she has opposed any practices forbidden
under this article or because he/she has filed a complaint, testified
or assisted in any proceeding under this chapter.
G.
It shall be an unlawful discriminatory practice for any party to a conciliation agreement made pursuant to § 191-8 of this chapter to violate the terms of such agreement.
I.
Nothing in this section shall prohibit the offer or acceptance of
a partial discount to a person 65 years of age or older for housing
accommodations.
A.
Any person claiming to be aggrieved by an unlawful discriminatory
practice may, by himself/herself or his/her attorney, make, sign and
file with the Human Rights Commission, through the Albany County Affirmative
Action Officer, a verified complaint in writing which shall state
the name and address of the person alleged to have committed the unlawful
discriminatory practice complained of and which shall set forth the
particulars thereof and contain such other information as may be required
by the Human Rights Commission, through the Affirmative Action Officer.
The Human Rights Commission, through the Affirmative Action Officer,
may, on its own motion, in like manner make, sign and file such complaint.
In connection with the filing of such complaint, the County Attorney
or his/her designee is authorized to take proof, issue subpoenas and
administer oaths in the manner provided in the Civil Practice Law
and Rules. Any employer whose employees, or some of them, refuse or
threaten to refuse to cooperate with the provisions of this chapter
may file with the Human Rights Commission, through the Affirmative
Action Officer, a verified complaint asking for assistance by conciliation
or other remedial action.
B.
After the filing of any complaint, the Human Rights Commission, through
the Affirmative Action Officer, shall promptly serve a copy thereof
upon the respondent and all persons the Commission deems to be necessary
parties, and make prompt investigation in connection therewith. Within
10 days after a complaint is filed, the Affirmative Action Officer
shall determine whether the Commission has jurisdiction and, if so,
within 90 days after a complaint is filed, whether there is probable
cause to believe that the person named in the complaint, hereinafter
referred to as the "respondent," has engaged or is engaging in an
unlawful discriminatory practice. If the Affirmative Action Officer
finds with respect to any respondent that the Commission lacks jurisdiction,
the complaint shall be rejected. If the Commission finds with respect
to any respondent that the complaint fails to show probable cause,
the Affirmative Action Officer shall cause to be served on the complainant
an order, subject to appellate review by the Commission, dismissing
said complaint as against the respondent.
C.
If, in the judgment of the Affirmative Action Officer, the circumstances
so warrant, he/she may, at any time after the filing of the complaint,
endeavor to eliminate such unlawful discriminatory practice by conference,
conciliation and persuasion. Each conciliation agreement shall include
provisions requiring the respondent to refrain from committing discriminatory
practices in the future and may contain such further provisions as
may be agreed upon by the Affirmative Action Officer and the respondent
in the agreement. The Affirmative Action Officer shall not disclose
what has transpired in the course of such endeavors.
D.
If the respondent and the Affirmative Action Officer agree upon conciliation
terms, the Affirmative Action Officer shall serve upon the complainant
and respondent a copy of the proposed conciliation agreement. If the
complainant and respondent agree to the terms of the agreement or
fail to object to such terms within 15 days after its service upon
them, the Affirmative Action Officer shall issue an order embodying
such conciliation agreement. If the respondent or complainant objects
to the agreement, he/she shall serve a written specification of his/her
objections upon the Affirmative Action Officer within such period.
E.
If a conciliation agreement is entered into, the Affirmative Action
Officer shall serve a copy of the order embodying such agreement upon
all parties to the proceeding.
F.
The Affirmative Action Officer, on behalf of the Commission, shall
have the authority to dismiss any complaint for administrative convenience
for reasons which may include but are not limited to 1) the Commission
being unable to locate a complainant after diligent efforts to do
so; 2) the complainant's failure to appear; 3) the complainant's failure
to accept a reasonable proposed conciliation agreement; 4) the complainant
requests a dismissal and the respondent will not be unduly prejudiced;
5) the complainant has initiated or wants to initiate an action or
proceeding in another forum based on the same transaction, acts or
alleged discriminatory practice, where the administrative convenience
dismissal would not contravene the election of remedies provisions
contained in subsequent sections of this chapter.
G.
Any complaint filed pursuant to this section must be filed within
one year after the alleged discriminatory practice.
H.
Not later than one year from the date of a conciliation agreement
or an order issued under this section, and at any other time in his/her
discretion, the Affirmative Action Officer shall investigate whether
the respondent is complying with the terms of such agreement or order.
Upon a finding of noncompliance, the Affirmative Action Officer shall
take appropriate action to assure compliance.
I.
No agent or employee of the Affirmative Action Officer shall make
public with respect to a particular person, without his/her consent,
information from reports obtained by the Affirmative Action Officer
except as necessary to the conduct of a proceeding under this section.
J.
Any person claiming to be aggrieved by an unlawful discriminatory
practice may have a cause of action in a court of appropriate jurisdiction
unless such person had filed a complaint hereunder, provided that,
where the Affirmative Action Officer has dismissed such complaint
on the grounds of administrative convenience, such person shall maintain
all rights to bring suit as if no complaint had been filed. No person
who has initiated any action in a court of competent jurisdiction
or who has an action pending before any administrative agency under
any other law of the state based upon an act which would be an unlawful
discriminatory practice under this chapter may file a complaint with
respect to the same transaction, acts or alleged discriminatory practice
under this chapter.
Any person who is aggrieved by an unlawful discriminatory practice
set forth in this chapter shall have a cause of action in any court
of appropriate jurisdiction for damages and such other remedies at
law and in equity as may be appropriate. If the court should find
a violation of this chapter, it may take such action as may be appropriate,
including, but not limited to: requiring such party to cease and desist
from such unlawful discriminatory practice; requiring such party to
take such affirmative action, including (but not limited to) hiring,
reinstatement or upgrading of employees, with or without back pay;
restoration to membership in any labor organization, admission to
or participation in a guidance program, apprenticeship training program,
on-the-job training program or other occupational training or retraining
program; the extension of full, equal and unsegregated accommodations,
advantages, facilities and privileges to all persons; granting the
credit which was the subject of any complaint, and the awarding of
compensatory damages to the person aggrieved by the unlawful discriminatory
practice.
