Tompkins County, NY
 
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Table of Contents
Table of Contents
[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:
COMMERCIAL SPACE
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.
DISCRIMINATION
Includes segregation and separation.
EMPLOYEE
Does not include any individual employed by her or his parents, spouse or child, or in the domestic service of any person.
EMPLOYER
Does not include any employer with fewer than four persons in her or his employ.
EMPLOYMENT AGENCY
Includes any person undertaking to procure employees or opportunities to work.
GENDER IDENTITY AND EXPRESSION
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:
A. 
Transsexuals in all stages of transition, including preoperative, postoperative and persons living in a gender other than their birth sex;
B. 
Persons (including cross-dressers) whose gender expression occasionally differs from their birth sex; and
C. 
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.
HOUSING ACCOMMODATION
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.
LABOR ORGANIZATION
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.
MULTIPLE DWELLING
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.
PERCEIVED SEXUAL ORIENTATION
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.
PERSON
Includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT
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.
PUBLICLY-ASSISTED HOUSING ACCOMMODATIONS
Includes all housing accommodations within the County of Tompkins in:
A. 
Public housing;
B. 
Housing operated by companies under the supervision of the Commissioner of Housing;
C. 
Housing constructed after July 1, 1950, within the State of New York:
(1) 
Which is exempt in whole or in part from tax levied by the state or any of its political subdivisions;
(2) 
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;
(3) 
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
(4) 
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.
D. 
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
E. 
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:
(1) 
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
(2) 
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.
REAL ESTATE BROKER
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.
REAL ESTATE SALESPERSON
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.
SEXUAL ORIENTATION
Heterosexuality, homosexuality, bisexuality or asexuality, whether actual or perceived.
UNLAWFUL DISCRIMINATORY PRACTICE
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.