2006 New York Code - Complaint.

 
    §   8-109   Complaint.   (a)  Any  person  aggrieved  by  an  unlawful
  discriminatory practice  or  an  act  of  discriminatory  harassment  or
  violence  as  set  forth in chapter six of this title may, by himself or
  herself or  such  person's  attorney,  make,  sign  and  file  with  the
  commission  a  verified  complaint in writing which shall: (i) state the
  name of the person alleged to have committed the unlawful discriminatory
  practice or act of discriminatory harassment or violence complained  of,
  and  the address of such person if known; (ii) set forth the particulars
  of the alleged unlawful discriminatory practice or act of discriminatory
  harassment or violence; and (iii) contain such other information as  may
  be  required  by  the  commission.  The commission shall acknowledge the
  filing of the complaint and advise the complainant of  the  time  limits
  set forth in this chapter.
    (b)  Any  employer  whose  employee  or  agent refuses or threatens to
  refuse to cooperate with the provisions of this chapter  may  file  with
  the   commission   a   verified   complaint  asking  for  assistance  by
  conciliation or other remedial action.
    (c) Commission-initiated complaints. The commission may  itself  make,
  sign  and file a verified complaint alleging that a person has committed
  an  unlawful  discriminatory  practice  or  an  act  of   discriminatory
  harassment or violence as set forth in chapter six of this title.
    (d)  The  commission  shall  serve  a  copy  of the complaint upon the
  respondent and all persons it deems to be necessary  parties  and  shall
  advise the respondent of his or her procedural rights and obligations as
  set forth herein.
    (e) The commission shall not have jurisdiction over any complaint that
  has   been   filed  more  than  one  year  after  the  alleged  unlawful
  discriminatory practice or act of discriminatory harassment or  violence
  as set forth in chapter six of this title occurred.
    (f)  The  commission  shall  not  have  jurisdiction  to  entertain  a
  complaint if:
    (i) the complainant has previously initiated a civil action in a court
  of competent jurisdiction alleging an unlawful  discriminatory  practice
  as  defined  by  this  chapter or an act of discriminatory harassment or
  violence as set forth in chapter six of this title with respect  to  the
  same grievance which is the subject of the complaint under this chapter,
  unless  such  civil  action  has  been  dismissed  without  prejudice or
  withdrawn without prejudice; or
    (ii) the complainant  has  previously  filed  and  has  an  action  or
  proceeding  before  any administrative agency under any other law of the
  state alleging an unlawful discriminatory practice as  defined  by  this
  chapter  or an act of discriminatory harassment or violence as set forth
  in chapter six of this title with respect to the same grievance which is
  the subject of the complaint under this chapter; or
    (iii) the complainant has previously filed a complaint with the  state
  division of human rights alleging an unlawful discriminatory practice as
  defined  by  this  chapter  or  an  act  of discriminatory harassment or
  violence as set forth in chapter six of this title with respect  to  the
  same  grievance which is the subject of the complaint under this chapter
  and a final determination has been made thereon.
    (g) In relation to complaints  filed  on  or  after  September  first,
  nineteen  hundred  ninety-one, the commission shall commence proceedings
  with respect to the complaint, complete a thorough investigation of  the
  allegations  of  the  complaint  and  make  a  final  disposition of the
  complaint promptly and within the time periods to be prescribed by  rule
  of  the  commission. If the commission is unable to comply with the time
  periods  specified  for  completing  its  investigation  and  for  final
  disposition   of   the  complaint,  it  shall  notify  the  complainant,


  respondent, and any necessary party in writing of the  reasons  for  not
  doing so.
    (h)  Any  complaint  filed  pursuant  to  this  section may be amended
  pursuant to procedures prescribed by rule of the  commission  by  filing
  such  amended  complaint  with the commission and serving a copy thereof
  upon all parties to the proceeding.
    (i) Whenever a  complaint  is  filed  pursuant  to  paragraph  (d)  of
  subdivision  five  of  section  8-107  of this chapter, no member of the
  commission nor any member of the commission staff shall make  public  in
  any manner whatsoever the name of any borrower or identify by a specific
  description  the  collateral  for  any loan to such borrower except when
  ordered to do so by a court of competent jurisdiction or  where  express
  permission  has  been  first obtained in writing from the lender and the
  borrower to such publication; provided, however, that the  name  of  any
  borrower  and  a  specific description of the collateral for any loan to
  such borrower may, if otherwise relevant, be introduced in  evidence  in
  any  hearing before the commission or any review by a court of competent
  jurisdiction of any order or decision by the commission.