New York Executive Code § 297

Procedure
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§ 297. Procedure. 1. Any person claiming to be aggrieved by an\nunlawful discriminatory practice may, by himself or herself or his or\nher attorney-at-law, make, sign and file with the division a complaint\nin writing under oath or by declaration which shall state the name and\naddress of the person alleged to have committed the unlawful\ndiscriminatory practice complained of and which shall set forth the\nparticulars thereof and contain such other information as may be\nrequired by the division. The commissioner of labor or the attorney\ngeneral, or the executive director of the justice center for the\nprotection of people with special needs, or the division on its own\nmotion may, in like manner, make, sign and file such complaint. In\nconnection with the filing of such complaint, the attorney general is\nauthorized to take proof, issue subpoenas and administer oaths in the\nmanner provided in the civil practice law and rules. Any employer whose\nemployees, or some of them, refuse or threaten to refuse to cooperate\nwith the provisions of this article, may file with the division a\nverified complaint asking for assistance by conciliation or other\nremedial action.\n  2. a. After the filing of any complaint, the division shall promptly\nserve a copy thereof upon the respondent and all persons it deems to be\nnecessary parties, and make prompt investigation in connection\ntherewith. Within one hundred eighty days after a complaint is filed,\nthe division shall determine whether it has jurisdiction and, if so,\nwhether there is probable cause to believe that the person named in the\ncomplaint, hereinafter referred to as the respondent, has engaged or is\nengaging in an unlawful discriminatory practice. If it finds with\nrespect to any respondent that it lacks jurisdiction or that probable\ncause does not exist, the commissioner shall issue and cause to be\nserved on the complainant an order dismissing such allegations of the\nsaid complaint as to such respondent.\n  b. Notwithstanding the provisions of paragraph a of this subdivision,\nwith respect to housing discrimination only, after the filing of any\ncomplaint, the division shall, within thirty days after receipt, serve a\ncopy thereof upon the respondent and all persons it deems to be\nnecessary parties, and make prompt investigation in connection\ntherewith. Within one hundred days after a complaint is filed, the\ndivision shall determine whether it has jurisdiction and, if so, whether\nthere is probable cause to believe that the person named in the\ncomplaint, hereinafter referred to as the respondent, has engaged or is\nengaging in an unlawful discriminatory practice. If it finds with\nrespect to any respondent that it lacks jurisdiction or that probable\ncause does not exist, the commissioner shall issue and cause to be\nserved on the complainant an order dismissing such allegations of the\nsaid complaint as to such respondent.\n  3. a. If in the judgment of the division the circumstances so warrant,\nit may, at any time after the filing of the complaint, endeavor to\neliminate such unlawful discriminatory practice by conference,\nconciliation and persuasion. Each conciliation agreement shall include\nprovisions requiring the respondent to refrain from the commission of\nunlawful discriminatory practices in the future and may contain such\nfurther provisions as may be agreed upon by the division, the\ncomplainant, and the respondent, including a provision for the entry in\nthe supreme court in any county in the judicial district where the\nalleged unlawful discriminatory practice was committed, or where any\nrespondent resides or maintains an office for the transaction of\nbusiness, or where the housing accommodation, land or commercial space\nspecified in the complaint is located, of a consent decree embodying the\nterms of the conciliation agreement. The division shall not disclose\nwhat has transpired in the course of such endeavors.\n  b. If a conciliation agreemen

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