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S2044Senate2009-2010 SessionSame asA635

Permits awarding of reasonable attorneys' fees, costs and exemplary damages in court actions for unlawful discriminatory practices pursuant to the human rights law

Sponsor John A. DeFranciscoSD-50Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Who cares

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Sponsors

Primary sponsor
John A. DeFrancisco

Senator · Senate District 50

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. Referred to investigations and government operations

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the executive law, in relation to awarding attorneys' fees and costs and exemplary damages in an action brought for an unlawful discriminatory practice

Purpose or general idea of bill

Permits awarding of reasonable attorneys' fees, costs and exemplary damages in court actions for unlawful discriminatory practices pursuant to the human rights law.

Summary of specific provisions

Amends Subdivision 9 of section 297 of the Executive Law.

Justification

Currently, if you feel that you are a victim of a human rights violation you can either file a suit with the Human Rights Commission or the Equal Employment Opportunity Commission or you may consult your own private lawyer. The latter can be a significant financial burden on the plaintiff costing an average of ten thousand dollars per case. The first choice will not prove any more feasible. Due to cutbacks and continual case overloading referring a case to either the Human Rights Commission or the Equal Employment Opportunity Commission will only result in the victim waiting an undetermined and inconvenient amount of time. This new legislation will serve multiple purposes. First, it will ease the financial burden on the victim by requiring the defendant to pay the victims attorney's fees upon being found guilty. Second, it will provide incentive to the employer not to discriminate against the employee knowing there will be financial repercussions for their actions.

Prior legislative history

2007-08 S.3662/A.609 - Passed Assembly 2005-06 A.1235 - Passed Assembly 2003-04 A.5022 - Passed Assembly 2001-02 A.688 - Referred to Government Operations

Fiscal implications

Possible if the decision of the court is rendered against the defendant and the defendant happens to be the State.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.