[HISTORY: Adopted by the Board of Representatives (now the County
Legislature) of Tompkins County 12-2-1991 by L.L.
No. 6-1991; amended in its entirety by the County Legislature 2-17-2004
by L.L. No. 1-2004. Subsequent amendments noted where applicable.]
A.
The County Legislature reaffirms that the County has
the responsibility to act to assure that every individual within the County
is afforded an equal opportunity to enjoy a full and productive life, and
that the failure to provide such equal opportunity, whether because of discrimination,
prejudice, intolerance or inadequate education, training, housing or health
care, not only threatens the rights and proper privileges of its inhabitants,
but menaces the institutions and foundations of a free democratic state and
threatens the peace, order, health, safety and general welfare of the state
and its inhabitants. The County Legislature wishes to provide a method of
redress for discrimination based on gender identity and expression and on
sexual orientation with remedies and damages to be awarded commensurate with
relief awarded to other protected groups.
B.
The Legislature's purpose is to ensure that individuals
who live in our free society have the capacity to make their own choices,
follow their own beliefs and conduct their lives as they see fit, consistent
with existing law.
The authority of this chapter shall be the exercise of the police power
for the protection of the public welfare, health and peace of the people of
this County and in fulfillment of the provisions of the County Charter concerning
civil rights.
As used in this chapter, the following terms shall have the meanings
indicated:
Any space in a building, structure, or portion thereof which is used
or occupied or is intended, arranged or designed to be used or occupied for
the manufacture, sale, resale, processing, reprocessing, displaying, storing,
handling, garaging or distribution of personal property; and any space which
is used or occupied, or is intended, arranged or designed to be used or occupied
as a separate business or professional unit or office in any building, structure
or portion thereof.
Includes segregation and separation.
Does not include any individual employed by her or his parents, spouse
or child, or in the domestic service of any person.
Does not include any employer with fewer than four persons in her
or his employ.
Includes any person undertaking to procure employees or opportunities
to work.
A person's actual or perceived gender identity, gender-related
self-image, gender-related appearance, gender-related behavioral or physical
characteristics, or gender-related expression, whether or not that gender
identity, gender-related self-image, gender-related appearance, gender-related
behavioral or physical characteristics, or gender-related expression is different
from that traditionally associated with the person's sex assigned at
birth. This shall include but not be limited to:
Transsexuals in all stages of transition, including preoperative, postoperative
and persons living in a gender other than their birth sex;
Persons (including cross-dressers) whose gender expression occasionally
differs from their birth sex; and
Intersexed persons born with anatomy or physiology that includes medical
characteristics of both male and female whose sex was assigned at birth and
who sometimes manifest physical characteristics, expressions or identity that
differs from the sex assigned.
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.
Includes any organization which exists and is constituted for the
purpose, in whole or in part, of collective bargaining or of dealing with
employers concerning grievances, terms or conditions of employment, or of
other mutual aid or protection in connection with employment.
A dwelling which is occupied, as a rule, for the permanent residence
purposes and which is either rented, leased, let or hired out, to be occupied
as the residence or home of three or more families living independently of
each other. A multiple dwelling shall not be deemed to include a hospital,
convent, monastery, asylum or public institution, or a fireproof building
used wholly for commercial purposes except for not more than one janitor's
apartment and not more than one penthouse occupied by not more than two families.
The term “family,” as used herein, means either a person occupying
a dwelling and maintaining a household, with not more than four boarders,
roomers, or lodgers, or two or more persons occupying a dwelling living together
and maintaining a common household, with not more than four boarders, roomers
or lodgers. A boarder, roomer or lodger residing with a family means a person
living within the household who pays a consideration for such a residence
and does not occupy such space within the household as an incident of employment
therein.
The assumption or expectation that an individual is heterosexual,
bisexual, asexual or homosexual due to their behavior or demeanor, regardless
of their actual sexual orientation.
Includes one or more individuals, partnerships, associations, corporations,
legal representatives, trustees, trustees in bankruptcy, or receivers.
Includes, except hereinafter specified, all places included in the
meaning of such terms as inns, taverns, road houses, hotels, motels, whether
conducted for the entertainment of transient guests or for the accommodation
of those seeking health, recreation or rest, or restaurants, or eating houses,
or any place where food is sold for consumption on the premises; buffets,
salons, barrooms, or any store, park or enclosure where spirituous or malt
liquors are sold; ice cream parlors, confectioneries, soda fountains, and
all stores where ice cream, ice and fruit preparations or their derivatives,
or where beverages of any kind are retailed for consumption on the premises;
wholesale and retail stores and establishments dealing with goods or services
of any kind, dispensaries, clinics, hospitals, bathhouses, swimming pools,
laundries and all other cleaning establishments, barbershops, beauty parlors,
theaters, motion-picture houses, roof gardens, music halls, race courses,
skating rinks, amusement and recreation parks, trailer camps, resort camps,
fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard
and pool parlors; garages, all public conveyances operated on land or water
or in the air, as well as the stations and terminals thereof; travel or tour
advisory services, agencies or bureaus; public halls and public elevators
of buildings and structures occupied by two or more tenants, or by the owner
and one or more tenants. Such term shall not include public libraries, kindergartens,
primary and secondary schools, high schools, academies, colleges and universities,
extension courses, and all educational institutions under the supervision
of the Regents of the State of New York; any such public library, kindergarten,
primary or secondary school, academy, college, university, professional school,
extension course or other education facility, supported in whole or in part
by public funds or by contributions solicited from the general public; or
any institution, club or place of accommodation which is in its nature distinctly
private. No institution, club, organization or place of accommodation which
sponsors or conducts any amateur athletic contest or sparring exhibition and
advertises or bills such contest or exhibition as a New York State Championship
or Tompkins County Championship contest or uses the words “New York
State” or “Tompkins County” in its announcements shall be
deemed a private exhibition within the meaning of this section.
Includes all housing accommodations within the County of Tompkins
in:
Public housing;
Housing operated by companies under the supervision of the Commissioner
of Housing;
Housing constructed after July 1, 1950, within the State of New York:
Which is exempt in whole or in part from tax levied by the state or
any of its political subdivisions;
Which is constructed on land sold below cost by the state or any of
its political subdivisions or any agency thereof, pursuant to the Federal
Housing Act of 1949;
Which is constructed in whole or in part on property acquired or assembled
by the state or any of its political subdivisions or any agency thereof through
the power of condemnation or otherwise for the purpose of such construction;
or
For the acquisition, construction, repair or maintenance of which the
state or any of its political subdivisions or any agency thereof supplies
funds or other financial assistance.
Housing which is located in a multiple dwelling, the acquisition, construction,
rehabilitation, repair or maintenance of which is, after July 1, 1955, financed
in whole or in part by a loan, whether or not secured by a mortgage, the repayment
of which is guaranteed or insured by the federal government or any agency
thereof, or the state or any of its political subdivisions or any agency thereof,
provided that such a housing accommodation shall be deemed to be publicly
assisted only during the life of such loan and such guaranty or insurance;
and
Housing which is offered for sale by a person who owns or otherwise
controls the sale of 10 or more housing accommodations located on land that
is contiguous (exclusive of public streets), if:
The acquisition, construction, rehabilitation, repair or maintenance
of such housing accommodations is, after July 1, 1955, financed in whole or
in part by a loan, whether or not secured by a mortgage, the repayment of
which is guaranteed or insured by the federal government or any agency thereof,
or the state or any of its political subdivisions or any agency thereof, provided
that such a housing accommodation shall be deemed to be publicly assisted
only during the life of such loan and such guaranty or insurance; or
A commitment by a government agency after July 1, 1995, is outstanding
that acquisition of such housing accommodations may be financed in whole or
in part by a loan, whether or not secured by a mortgage, the repayment of
which is guaranteed or insured by the federal government or any agency thereof,
or the state or any of its political subdivisions or any agency thereof.
Any person, firm or corporation who, for another and for a fee, commission
or other valuable consideration, lists for sale, sells, at auction or otherwise,
exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction
or otherwise, exchange, purchase or rental of an estate or interest in real
estate, or collects or offers or attempts to collect rent for the use of real
estate, or negotiates, or offers or attempts to negotiate, a loan secured
or to be secured by a mortgage or other encumbrance upon or transfer of real
estate. In the sale of lots pursuant to the provisions of Article 9-A of the
Real Property Law, the term “real estate broker” shall also include
any person, partnership, association or corporation employed by or on behalf
of the owner or owners of lots or other parcels of real estate, at a stated
salary, or upon a commission, or upon a salary and commission, or otherwise,
to sell such real estate, or any parts thereof, in lots or other parcels,
and who shall sell or exchange, or offer or attempt or agree to negotiate
the sale or exchange of any such lot or parcel of real estate.
A person employed by a licensed real estate broker to list for sale,
sell or offer for sale, at auction or otherwise, to buy or offer to buy or
negotiate the purchase or sale or exchange of real estate, or to negotiate
a loan on real estate, or to lease or rent or offer to lease, rent or place
for rent any real estate, or who collects or offers or attempts to collect
rent for the use of real estate for or in behalf of such real estate broker.
Heterosexuality, homosexuality, bisexuality or asexuality, whether
actual or perceived.
Includes those practices specified in this chapter.
A.
The provisions of this chapter shall not apply to:
(1)
The rental of a housing accommodation in a building that
contains housing accommodations for not more than two families living independently
of each other, if the owner or members of his or her family reside in one
such housing accommodation; or
(2)
The rental of a room or rooms in a housing accommodation,
if such rental is by occupant of the housing accommodation or by the owner
of the housing accommodation and he or she or members of his or her family
reside in such housing accommodation.
B.
Nothing contained in this chapter shall be construed
to bar any religious or denominational institution or organization, or any
organization, operated for charitable or educational purposes, which is operated,
supervised or controlled by or in connection with a religious organization,
from limiting employment or sales or rental of housing accommodations or admission
or giving preference to persons of the same religion or denomination or from
making such action as is calculated by such organization to promote the religious
principles for which it is established or maintained.
C.
Nothing in this chapter shall apply to any institution,
club, or place of accommodation which is its nature distinctly private as
defined by New York State Civil Rights Law § 40.
D.
Nothing in this chapter shall prevent religious faiths
from establishing and maintaining educational institutions exclusively or
primarily for students of their own religious faith.
A.
The opportunity to obtain employment without discrimination
because of gender identity and expression or sexual orientation is hereby
recognized as and declared to be a civil right. The opportunity to obtain
education, the use of places of public accommodation and the ownership, use
and occupancy of housing accommodations and commercial space without discrimination
because of gender identity and expression or sexual orientation is hereby
recognized and declared to be a civil right.
(1)
Employment. It shall be unlawful:
(a)
For an employer or licensing agency, because of the gender
identity and expression or sexual orientation 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 gender identity and expression or sexual orientation
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 gender identity and
expression or sexual orientation 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 limitation, specification or discrimination as to gender identity and
expression or sexual orientation, or any intent to make any such limitation,
specification or discrimination, unless based on a bona fide occupational
qualification.
(e)
To deny to or withhold from any person because of gender
identity and expression or sexual orientation the right to be admitted to
or participate in a guidance program, an apprenticeship training program or
other occupational training or training program.
(f)
To discriminate against any person in his or her pursuit
of such programs or to discriminate against such a person in the terms, conditions
or privileges of such programs because of gender identity and expression or
sexual orientation.
(g)
To print or circulate or cause to be printed or circulated
any statement, advertisement or publication, or to use any form of application
for such programs or to make inquiry in connection with such program which
expresses, directly or indirectly, any limitation, specification or discrimination
as to gender identity and expression or sexual orientation, or any intention
to make any such limitation, specification or discrimination, unless based
on a bona fide occupational qualification.
(2)
Public accommodation. It shall be unlawful discriminatory
practice for any person, being the owner, lessee, proprietor, manager, superintendent,
agent or employee of any place of public accommodation, resort or amusement,
because of the gender identity and expression or sexual orientation 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 gender identity and expression or sexual
orientation, or that the patronage or custom thereat of any person of or purporting
to be any particular gender identity and expression or sexual orientation
is unwelcome, objectionable or not acceptable, desired or solicited.
(3)
Housing accommodations.
(a)
It shall be unlawful:
[1]
To refuse to rent or lease or otherwise to deny to or
withhold from any person or group of persons such housing accommodations because
of the gender identity and expression or sexual orientation of such person
or persons.
[2]
To discriminate against any person because of his or
her gender identity and expression or sexual orientation in the terms, conditions
or privileges of any publicly-assisted housing accommodation or in the furnishing
of facilities or services in connection herewith.
[3]
To cause to be made any written or oral inquiry or record
concerning the gender identity and expression or sexual orientation of a person
seeking to rent or lease any publicly-assisted housing accommodation.
(b)
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 gender identity and expression or sexual orientation of such
person or persons.
[2]
To discriminate against any person because of his or
her gender identity and expression or sexual orientation 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 such a housing accommodation which expresses, directly or indirectly,
any limitation, specification or discrimination as to gender identity and
expression or sexual orientation, or any intent to make any such limitation,
specification or discrimination.
(c)
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:
[1]
To refuse to sell, rent, lease or otherwise deny to or
withhold from any person or group of persons land or commercial space because
of the gender identity and expression or sexual orientation of such person
or persons.
[2]
To discriminate against any person because of his or
her gender identity and expression or sexual orientation 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 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 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 gender identity and
expression or sexual orientation or any intent to make any such limitation,
specification or discrimination.
(d)
It shall be an unlawful discriminatory practice for any
real estate broker, real estate salesman or employee or agent thereof:
[1]
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 because of the gender identity and expression
or sexual orientation 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 gender identity and expression or sexual orientation
of such person or persons.
[2]
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 of 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 gender identity and expression or sexual orientation
or any intent to make any such limitation, specification or discrimination.
(e)
It shall be an unlawful discriminatory practice for any
real estate board, because of the gender identity and expression or sexual
orientation 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.
(f)
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 gender
identity and expression or sexual orientation 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.
(g)
Credit.
[1]
It shall be an unlawful discriminatory practice for any
creditor or any officer, agent or employee thereof:
[a]
In the case of applications for credit with respect to
the purchase, acquisition, construction, rehabilitation, repair or maintenance
of any housing accommodation, land or commercial space, to discriminate against
any such applicant because of the gender identity and expression or sexual
orientation of such applicant or applicants or any member, stockholder, director,
officer or employee of such applicant or applicants, or of the prospective
occupants or tenants of such housing accommodation, land or commercial space,
in the granting, withholding, extending or renewing, or in the fixing of the
rates, terms or conditions, of any such credit.
[b]
To discriminate in the granting, withholding, extending
or renewing, or in the fixing of the rates, terms or conditions of, any form
of credit, on the basis of gender identity and expression or sexual orientation.
[c]
To use any form of application for credit or use or make
any record or inquiry which expresses, directly or indirectly, any limitation,
specification, or discrimination as to gender identity and expression or sexual
orientation.
[d]
To make any inquiry of an applicant concerning his or
her capacity to reproduce, or his or her use of advocacy of any form of birth
control or family planning.
[e]
To refuse to consider sources of an applicant's
income or to subject an applicant's income to discounting, in whole or
in part, because of an applicant's gender identity and expression or
sexual orientation.
[2]
Without limiting the generality of Subsection A(3)(g)[1], it shall be considered discriminatory if, because of an applicant's or class of applicants gender identity and expression or sexual orientation, an applicant or class of applicants is denied credit in circumstances where other applicants of like overall credit worthiness are granted credit; or special requirements or conditions, such as requiring co-obligers or reapplication upon marriage, are imposed upon an applicant or class of applicants in circumstances where similar requirements or conditions are not imposed upon other applicants of like overall credit worthiness.
(4)
Education.
(a)
It shall be an unlawful discriminatory practice for an education corporation or association which holds itself out to the public to be nonsectarian and exempt from taxation pursuant to the provisions of Article 4 of the Real Property Tax Law to deny the use of its facilities to any person otherwise qualified by reason of his or her gender identity and expression or sexual orientation.
(b)
It shall be an unlawful educational practice for an educational
institution:
[1]
To exclude or limit or otherwise discriminate against
any person or persons seeking admission as students to such institution or
to any educational program or course operated or provided by such institution
because of gender identity and expression or sexual orientation; except that
nothing in this section shall be deemed to affect, in any way, the right of
a religious or denominational educational institution to select its students
exclusively or primarily from members of such religion or denomination or
from giving preference in such selection to such members or to make such selection
of its students as is calculated by such institution to promote the religious
principles for which it is established or maintained. Nothing contained herein
shall impair or abridge the right of an independent institution, which establishes
or maintains a policy of educating persons of one sex exclusively, to admit
students of only one sex.
[2]
To penalize any individual because he or she has initiated,
testified, participated or assisted in any proceedings under this section.
(5)
Civil rights.
(a)
All persons within the jurisdiction of this County shall
be entitled to the equal protection of the laws of this County.
(b)
No person, because of gender identity and expression
or sexual orientation, shall be subjected to any discrimination in his or
her civil rights, or to any harassment in the exercise thereof, by any person
or by any firm, corporation, institution, or by the County or any agency of
the County.
(6)
County contracts. Any contracts to which the County of
Tompkins is the sole municipal party shall include substantially the following
provision: “The contractor hereby agrees to administer their obligation
in a manner which shall be fair and impartial to all applicants and employees
and shall not discriminate against any applicant or employee by reason of
race, color, sex, religion, age, marital status, national origin, disability,
Vietnam Era status, actual or perceived gender identity and expression or
sexual orientation, or record of prior arrest or conviction.”
B.
Enforcement.
(1)
Any person claiming to be aggrieved by an unlawful discriminatory
practice may, by himself or herself, or his or her attorney-at-law, sign and
file with the Tompkins County Human Rights Commission a verified complaint,
in writing, which shall state the name and address of the person/company alleged
to have committed the unlawful discriminatory practice complained of and which
shall set forth the particulars thereof and contain such information as may
be required.
(2)
After the filing of any complaint, the Investigator shall
promptly serve a copy thereof upon the respondent and all persons he or she
deems to be necessary parties, and make prompt investigation in connection
therewith. Within 180 days after the complaint is filed, the Investigator
shall determine whether she or he has jurisdiction and, if so, 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 Investigator finds with respect to any respondent that it
lacks jurisdiction or that probable cause does not exist, the Investigator
shall issue and cause to be served on the complainant an order dismissing
such allegations of the said complaint as to such respondent.
(3)
Investigations.
(a)
The Investigator may hold fact-finding conferences, compel
the attendance of witnesses and take the testimony of any person and, in connection
thereof, require the production of evidence relating to any matter under investigation,
and take the necessary action, through the County Attorney, to enforce the
provisions of this section.
(b)
Subpoenas. At the request of the Investigator the County Attorney may issue and serve subpoenas in the manner provided for in the civil practice law and rules compelling the attendance of witnesses, or requiring the production of any evidence material or relevant to any investigation. Proceedings to enforce, quash, fix conditions, or modify subpoenas shall be governed by Article 23 of the New York Civil Practice Law and Rules.
(4)
Conciliation.
(a)
If in the judgment of the Investigator the circumstances
so warrant, it may, at any time after 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 Investigator and the respondent, including a provision for the entry
in the Supreme Court of Tompkins County of a consent decree embodying the
terms of the conciliation agreement. The Investigator shall not disclose what
has transpired in the course of such endeavors.
(b)
If the respondent and the Investigator agree upon conciliation
terms, the Investigator shall serve upon the complainant and the respondent
a copy of the proposed conciliation agreement. If the parties agree to the
terms of the agreement, the Investigator will arrange for a written agreement
to be executed by the parties which either party may submit to a court of
competent jurisdiction for incorporation into an order.
(5)
Not later than one year from the date of a conciliation
agreement and at any other times in its discretion, the Investigator shall
investigate whether the respondent is complying with the terms of the agreement.
(6)
No officer, agent, or employee of the Investigator shall
make public with respect to a particular person without his or her consent
information from reports obtained by the Investigator except as necessary
to the conduct of a proceeding under this section.
(7)
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 remedies as may be appropriate, unless such person had
filed a complaint hereunder and such complaint has been dismissed as lacking
probable cause or a conciliation agreement has been reached. If a complaint
is filed but a conciliation agreement is not reached or an agreement is reached
but subsequently determined by the Investigator to have been breached by the
respondent, 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 may file a complaint with respect to the same grievance under
this section.
C.
A complaint pursuant to this section must be filed no
later than one year after the alleged unlawful practice.
Any action brought for violation of this chapter must be commenced within
one year after the alleged unlawful discriminatory practice, unless the complainant
chooses to attempt conciliation with the Human Rights Commission, in which
the complainant must commence action within one year from the unsuccessful
termination of conciliation efforts or one year from the Investigator's
determination that the conciliation agreement has been breached by the respondent.
