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History
- Referred to governmental operations
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allows punitive damages to be awarded whenever a case of discrimination is established
In Senate Committee · Investigations And Government Operations · Sponsor Carl Kruger
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A443
Title of bill
An act to amend the executive law, in relation to permitting the awarding of punitive damages in all cases of discrimi- nation, rather than only housing cases
Purpose or general idea of bill
To deter all forms of discrimination by imposing punitive damages in all cases of discrimination under the human rights act.
Summary of specific provisions
This bill authorizes the imposition of punitive damages in all cases of discrimination, not just in housing discrimination cases.
Effects of present law which this bill would alter
Subparagraph (iv) of paragraph c of subdivision 4 of section 297 of the Executive Law.
Justification
Unfortunately, discrimination in society and in the workplace remains a widespread problem creating devastating economic and social conse- quences. The imposition of punitive damages would not only punish the wrongdoer for the gross misbehavior but also it would convey the appro- priate warning or message that society will not tolerate this conduct. Additionally, the imposition of punitive damages will be a meaningful deterrent.
It is incompatible with the purpose of the Human Rights Law to restrict the application of punitive damages to only housing cases since all cases or categories of discrimination have equally important impli- cations.
Enactment of this measure will reaffirm the basic principle that anyone who violates the civil rights laws must be held responsible for his/her actions and that victims of discrimination deserve a full and fair reme- dy. To do anything less ignores the serious threat that discrimination continues to pose in society.
Federal law (Civil Rights Act of 1964 et seq., and the Americans with Disabilities Act) allows for punitive damages. The same is true under the New York City Commission for Human Rights.
Finally, with the enactment of this measure, New York would join several other states (e.g. Ohio) that assess punitive damages.
Prior legislative history
2007-2008 - A.2575, Referred to Governmental Operations 2005-2006 - A.1023, Referred to Governmental Operations 2003-2004 - A.2819, Referred to Governmental Operations 2001-2002 - A.660, Referred to Governmental Operations 1999-2000 - A.1318, Held for consideration in Governmental Operations
Fiscal implications for state & local governments
The state will realize some revenue as a result of the imposition of punitive damages. Furthermore, because the additional punishment might have a deterrent factor, there might be less discrimination complaints filed.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.