[Adopted 7-16-1990; amended 12-7-1992]
A.
The City of Albany hereby finds and declares that
the City 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,
and that discriminatory practices adversely affecting the equality
of opportunity threaten the general welfare of the municipality and
its inhabitants. The City of Albany realizes its obligation to protect
the rights and privileges that all individuals have as human beings,
and hereby gives the Office of Equal Employment Opportunity and Fair
Housing general jurisdiction and power to implement and enforce the
provisions of this article and the Human Rights Commission the general
jurisdiction to hear disputes referred to it by the Office under this
article and the appellate jurisdiction to review an order of the Office
dismissing a complaint for lack of jurisdiction or for want of probable
cause.
B.
It shall be the policy of the City of Albany to encourage
programs designed to ensure that every individual has an equal opportunity
to participate fully in the life of this City, 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, gender identity or expression, age, disability,
marital or domestic partner status in areas of employment, public
accommodations, housing, real property transactions and the provision
of City services.
[Amended 2-1-1999 by Ord. No. 1.12.99; 12-17-2001 by Ord. No. 37.91.00[1]; 4-7-2004 by Ord. No. 18.61.03; 6-5-2023 by Ord. No. 21.61.23]
(1)
In so doing, the Common Council makes clear that 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 legislation 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.
(2)
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 from making such selection as
is calculated by such organization to promote the religious principles
for which it is established or maintained.
[1]
Editor's Note: This ordinance provided that
it take effect 1-1-2003.
[Amended 2-1-1999 by Ord. No. 1.12.99; 12-17-2001 by Ord. No. 37.91.00[1]; 4-7-2004 by Ord. No. 18.61.03; 6-5-2023 by Ord. No. 21.61.23]
The opportunity to obtain employment, use of
places of public accommodation, the use, occupancy and ownership of
housing accommodations, land and commercial space and the provision
of City services without discrimination because of race, sex, creed,
color, religion, national origin, sexual orientation, gender, gender
identity or expression, age, disability, marital or domestic partner
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.
[1]
Editor's Note: This ordinance provided that
it take effect 1-1-2003.
[Amended 2-1-1999 by Ord. No.. 1.12.99; 12-17-2001 by Ord. No.
37.91.00[1]; 4-7-2004 by Ord. No.
18.61.03; 6-5-2023 by Ord. No. 21.61.23; 7-6-2023 by Ord. No. 30.71.23]
A.
COMMISSION
DISABILITY
DISCRIMINATION
DOMESTIC PARTNER
EMPLOYEE
EMPLOYMENT AGENCY
GENDER, GENDER IDENTITY OR EXPRESSION
HOUSING ACCOMMODATION
MARITAL STATUS
NATIONAL ORIGIN
NATURAL HAIRSTYLE
OFFICE
PERSON
PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT
PROVISION OF CITY SERVICES
SEX
SEXUAL ORIENTATION
When used in this article, the following terms shall
have the meanings indicated:
The City of Albany Human Rights Commission.
Shall be defined and used for the purposes of this article
as such term is defined and used in the New York Executive Law, as
amended.
Includes segregation and separation.
Does not include any individual employed by their parents,
spouse or child in the domestic service of any person.
Includes any person undertaking to procure employees or opportunities
to work.
Shall include actual or perceived sex and shall also include
a person's gender identity, self-image, appearance, behavior
or expression, whether or not that gender identity, self-image, appearance,
behavior or expression is different from that traditionally associated
with the legal sex assigned to that person at birth.
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.
Shall be defined and used for the purposes of this article
as such term is defined and used in the New York Executive Law, as
amended.
Includes ancestry.
Includes hairstyles typically associated with racial, ethnic,
cultural, and religious groups, including, but not limited to, Black
people, Native Americans, Sikhs, Muslims, Jews, and Nazirites. This
definition shall include, but not be limited to, those hairstyles
and textures most commonly associated with Black people and that are
untreated by chemicals or heat and can be styled with or without extensions,
whether such hairstyles are in a trimmed or untrimmed state. This
definition shall include, among other hairstyles, afros, protective
hairstyles such as twists, locs, braids, cornrows, and Bantu knots,
head wraps, scarfs, the use of color and/or dye, extensions, and/or
patterned or shaved hairstyles.
The City of Albany Office of Equal Employment Opportunity
and Fair Housing.
Includes one or more individuals, partnership associations,
corporations, legal representatives, trustees, trustees in bankruptcy
or receivers.
Includes, except as hereinafter specified, all places included
in the meaning of such terms as set forth in the New York Executive
Law, Article 15, § 292, as amended, incorporated herein
by reference.
Includes any service by the City of Albany, either directly
or indirectly through a grant or award of funds or on a contractual
basis, including a service, activity or event which is fully or partially
funded for a specific or general purpose with City funds or funds
administered by the City of Albany. Nothing herein shall be interpreted
to prohibit the provision of a City service, which is otherwise provided
on a nondiscriminatory basis, to a targeted population or class of
individuals.
Shall be defined and used for the purposes of this article
as such term is defined and used in the New York Executive Law, as
amended.
Includes actual or perceived heterosexuality, homosexuality,
asexuality, bisexuality, and pansexuality.
B.
The pronouns "him," "her," "himself," "herself," "he,"
"she," "they," "them," and "their" are used interchangeably to designate
an individual, regardless of the gender thereof.
[Amended 6-5-2023 by Ord. No. 21.61.23]
[1]
Editor's Note: This ordinance provided that
it take effect 1-1-2003.
[Amended 2-1-1999 by Ord. No. 1.12.99; 12-17-2001 by Ord. No.
37.91.00[1]; 4-7-2004 by Ord. No. 18.61.03; 6-5-2023 by Ord. No. 21.61.23; 7-6-2023 by Ord. No. 30.71.23]
A.
It shall be an unlawful discriminatory practice:
(1)
For an employer or licensing agency, because of the age, race, sex,
creed, color, religion, national origin, sexual orientation, gender,
gender identity or expression, disability, marital or domestic partner
status, or natural hairstyle 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.
(2)
For an employment agency to discriminate against any individual because
of age, race, sex, creed, color, religion, national origin, sexual
orientation, gender, gender identity or expression, disability, marital
or domestic partner status, or natural hairstyle in receiving, classifying,
disposing or otherwise acting upon applications for its services or
in referring an applicant or applicants to an employer or employers.
(3)
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, specification or discrimination as
to age, race, sex, creed, color, religion, national origin, sexual
orientation, gender, gender identity or expression, disability, marital
or domestic partner status, or natural hairstyle 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 article 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 age, race, sex, creed, color,
religion, national origin, sexual orientation, gender, gender identity
or expression, disability, marital or domestic partner status, or
natural hairstyle.
(4)
For any employer or employment agency to discharge, expel or otherwise
discriminate against any person because he has opposed any practices
forbidden under this article or because he has filed a complaint,
testified or assisted in any proceeding under this article.
(5)
Nothing in this article shall affect any restrictions upon the activities
of persons licensed by the State Liquor Authority with respect to
persons under 21 years of age.
(6)
Nothing contained herein shall restrict an employer's right
to insist that an employee meet bona fide job-related qualifications
of employment or shall authorize or require employers to establish
affirmative action quotas or to inquire about the sexual orientation,
or gender identity or expression, of current or prospective employees.
B.
Places of public accommodation, resort or amusement.
(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, gender identity or expression, age, disability, marital or
domestic partner status, or natural hairstyle 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 such place shall be refused,
withheld from or denied to any person on account of race, sex, creed,
color, religion, national origin, sexual orientation, gender, gender
identity or expression, age, disability, marital or domestic partner
status, or natural hairstyle or that the patronage or custom thereat
of any person of or purporting to be of any particular race, sex,
creed, color, religion, national origin, sexual orientation, gender,
gender identity or expression, age or marital status or having a disability,
or having a natural hairstyle, is unwelcome, objectionable or not
acceptable, desired or solicited.
(2)
Nothing in this article shall be construed to prevent the barring
of any person, because of the sex of such person, from places of public
accommodation, resort or amusement if the Commission grants an exemption
based on bona fide considerations of public policy, nor shall this
article 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 salesman 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, gender identity or expression, age, disability,
marital or domestic partner status, or natural hairstyles 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.
Housing accommodations.
(1)
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:
(a)
To refuse to sell, rent or 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, gender identity or expression, age, disability,
marital or domestic partner status, or natural hairstyle of such person
or persons.
(b)
To discriminate against any person because of his race, sex,
creed, color, religion, national origin, sexual orientation, gender,
gender identity or expression, age, disability, marital or domestic
partner status, or natural hairstyle 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.
(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 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, gender identity or expression, age, disability, marital or
domestic partner status, or natural hairstyle or any intent to make
any such limitation, specification or discrimination.
(2)
The provisions of this subsection shall not apply:
(a)
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 family
reside in one of such housing accommodations;
(b)
To the restriction of the rental of all rooms in a housing accommodation
to individuals of the same sex;
(c)
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 or members of his
family reside in such housing accommodation; or
(d)
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.
(3)
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 or lease or otherwise deny to or withhold
from any person or group of persons such commercial space because
of the age of such person or persons or land or commercial space because
of the race, sex, creed, color, religion, national origin, sexual
orientation, gender, gender identity or expression, age, disability,
marital or domestic partner status, or natural hairstyle of such person
or persons.
(b)
To discriminate against any person because of her race, sex,
creed, color, religion, national origin, sexual orientation, gender,
gender identity or expression, age, disability, marital or domestic
partner status, or natural hairstyle 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, gender identity or expression, age, disability, marital or
domestic partner status, or natural hairstyle 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.
(4)
It shall be an unlawful discriminatory practice for any real estate
broker, real estate salesman 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, gender identity or expression, age, disability,
marital or domestic partner status, or natural hairstyle 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, gender identity or expression,
age, disability, marital or domestic partner status, or natural hairstyle
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, gender
identity or expression, age, disability, marital or domestic partner
status, or natural hairstyle 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.
(5)
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, gender identity or expression,
age, disability, marital or domestic partner status, or natural hairstyle
of any individual who is otherwise qualified for membership, to exclude
or expel such individual from membership or to discriminate against
such individual in the terms, conditions and privileges of membership
in such board.
E.
Provision of City services.
(1)
It shall be an unlawful discriminatory practice for any department,
agency, board, commission, authority, employee or other entity of
the City of Albany to discriminate in the provision of City services,
for which a person is otherwise entitled, because of the age, race,
sex, creed, color, religion, national origin, sexual orientation,
gender, gender identity or expression, disability, marital or domestic
partner status, or natural hairstyle of such person.
(2)
Any notice of the availability of a grant or award of funds, or notice
of a solicitation of bids, for the provision of City services shall
include a clause on discriminatory practices prohibited in accordance
with this article.
(3)
Any contractual agreement entered into, or award or grant of funds,
by or on behalf of the City of Albany for the provision of City services
shall be in conformance with the provisions of this article and shall
stipulate that the contractor, awardee or grantee shall not engage
in a discriminatory practice prohibited by this article.
F.
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 article or to attempt to do so.
G.
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 has opposed any practices forbidden
under this article or because he has filed a complaint, testified
or assisted in any proceeding under this article.
H.
It shall be an unlawful discriminatory practice for any party to a conciliation agreement made pursuant to § 48-27 of this article to violate the terms of such agreement.
J.
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.
[1]
Editor's Note: This ordinance provided that
it take effect 1-1-2003.
A.
Any person claiming to be aggrieved by an unlawful
discriminatory practice may, by himself or his attorney at law, make,
sign and file with the Office 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 Office. The Office, on its own motion, may,
in like manner, make, sign and file such complaint. In connection
with the filing of such complaint, the Corporation Counsel or his
or 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 article may file
with the Office a verified complaint asking for assistance by conciliation
or other remedial action.
B.
After the filing of any complaint, the Office shall
promptly serve a copy thereof upon the respondent and all persons
it deems to be necessary parties and make prompt investigation in
connection therewith. Within 10 days after a complaint is filed, the
Office shall determine whether it 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 it finds with respect to any respondent
that it lacks jurisdiction, the complaint shall be rejected. If it
finds with respect to any respondent that the complaint falls to show
probable cause, the Office 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.
Conciliation.
(1)
If in the judgment of the Office the circumstances
so warrant, it 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 the commission
of unlawful discriminatory practices in the future and may contain
such further provisions as may be agreed upon by the Office and the
respondent agreement. The Office shall not disclose what has transpired
in the course of such endeavors.
(2)
If the respondent and the Office agree upon conciliation terms, the Office shall serve upon the complainant a copy of the proposed conciliation agreement. If the complainant agrees to the terms of the agreement or fails to object to such terms within 15 days after its service upon him, the Office shall issue an order embodying such conciliation agreement. If the complainant objects to the agreement, he shall serve a written specification of his objections upon the Office within such period. Unless such objections are met or withdrawn within 10 days after service thereof, the Office shall notice the complaint for a hearing as provided under Subsection D of this section.
(3)
Notwithstanding any other provision of this section,
the Office may, where it finds the terms of a conciliation agreement
to be in the public interest, execute such agreement and limit the
hearing to the objections of the complainant.
(4)
If a conciliation agreement is entered into, the Office
shall serve a copy of the order embodying such agreement upon all
parties to the proceeding.
D.
Notice of complaint.
(1)
Within 120 days after a complaint is filed, or within
30 days after the Commission or a duly constituted body thereof has
revised and remanded an order dismissing a complaint for want of probable
cause, unless the Office has issued an order stating the terms of
a conciliation agreement not objected to by the complainant, the Office
shall cause to be issued and served a written notice, together with
a copy of such complaint, as the same may have been amended, requiring
the respondent or respondents to answer the charges of such complaint
and appear at a public hearing before a body established by the Commission
for this purpose, which appearance shall in no event be less than
10 days after such notice and at a place and time to be fixed by the
Office and specified in such notice. The case in support of the complaint
shall be presented by the complainant or his/her attorney. Attempts
at conciliation shall not be received in evidence. At least two business
days prior to the hearing the respondent shall, and any necessary
party may, file a written answer to the complaint, sworn to subject
to the penalties of perjury, with the Office and serve a copy upon
all other parties to the proceeding. A respondent who has filed an
answer or whose default in answering has been set aside for good cause
shown may appear at such hearing, in person or otherwise, with or
without counsel, cross-examine witnesses and the complainant and submit
testimony. The complainant and all parties shall be allowed to present
testimony in person or by counsel and cross-examine witnesses. The
Commission may, in its discretion, permit any person who has a substantial
personal interest to intervene as a party and may require that necessary
parties not already parties be joined. The Office or the complainant
shall have the power to reasonably and fairly amend any complaint,
and the respondent and any other party shall have like power to amend
his answer. The Commission shall not be bound by the strict rules
of evidence prevailing in courts of law or equity. The testimony taken
at the hearing shall be under oath and a record made.
(2)
If the respondent fails to answer the complaint, the
Commission may enter the default and the hearing shall proceed on
the evidence in support of the complaint. Such default may be set
aside only for good cause shown, upon equitable terms and conditions.
(3)
Within 30 days after the conclusion of such hearing, a determination shall be made by such body established by the Commission pursuant to Subsection D(1) of this section and an order served as hereinafter provided. If, upon all evidence at the hearing, the Commission shall find that a respondent has engaged in any unlawful discriminatory practice as defined in this article, the Commission shall state findings of fact and cause to be served on such respondent an order based on such findings and setting them forth and including such of the following provisions as in the judgment of the Commission will effectuate the purposes of this article:
(a)
Requiring such respondent to cease and desist
from such unlawful practice.
(b)
Requiring such respondent to take such affirmative
action, including but not limited to hiring, reinstatement or upgrading
of employees, with or without back pay, the extension of full, equal
and unsegregated accommodations, advantages, facilities and privileges
to all persons and granting the credit which was the subject of any
complaint.
(c)
Awarding of compensatory damages to the person
aggrieved by such practice.
(d)
Requiring a report of the manner of compliance.
(4)
If, upon all the evidence, the Commission shall find that a respondent has not engaged in any such unlawful discriminatory practice, it shall state findings of fact and shall issue and cause to be served on the complainant an order based on such findings and setting them forth dismissing the complaint against the respondent. A copy of each order issued by the Commission shall be delivered in all cases to the Corporation Counsel or his or her designee and such other public officers as the Commission deems proper. A copy of any complaint filed against any respondent who has previously entered into a conciliation agreement pursuant to Subsection C(1) of this section or against whom an order of the Commission has previously been entered pursuant to this subsection shall be delivered to the Corporation Counsel or his or her designee and to such other public officers as the Commission deems proper.
(5)
The Commission shall establish rules of practice to
govern, expedite and effectuate the foregoing procedure and its own
actions thereunder.
E.
Any complaint filed pursuant to this section must
be so filed within one year after the alleged unlawful discriminatory
practice.
F.
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 its discretion, the Office shall investigate whether the respondent
is complying with the terms of such agreement or order. Upon a finding
of noncompliance, the Office shall take appropriate action to assure
compliance.
G.
No agent or employee of the office shall make public
with respect to a particular person without his consent information
from reports obtained by the Office except as necessary to the conduct
of a proceeding under this section.
H.
Any person claiming to be aggrieved by an unlawful
discriminatory practice 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, unless such person had filed
a complaint hereunder, provided that, where the Office 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
article may file a complaint with respect to the same grievance under
this section.
