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Sponsors
4 Co-sponsors
History
- Referred to investigations and government operations
- Referred to investigations and government 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.
Awards attorney fees and expert witness fees in appropriate cases
In Senate Committee · Investigations And Government Operations · Sponsor Jeffrey Dinowitz
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 providing for the award of attorney's fees and expert witness fees in appropriate cases
Purpose of bill
This bill would amend the Executive Law. to provide for an award of attorney's fees and expert witness fees in all appropriate cases of discrimination.
Summary of provisions
Section 1 of the bill would amend Executive Law § 297 (10) to omit the phrase "(w)ith respect to cases of housing discrimination only," so that attorney's fees. may be awarded in all appropriate cases of discrimination and to provide that, in cases of employment discrimination only, the award of attorney's fees will be limited to cases in which the employer has 50 or more employees. This section would also provide for expert witness fees to be awarded pursuant to the same standards as an award of attorney's fees.
Section 2 would provide that the bill will become effective 90 days after enactment.
Existing law
Currently attorney's fees may be awarded only in cases of housing discrimination.. There are no provisions for expert witness fees.
Legislative history
This is a new proposal.
STATEMENT IN SUPPORT
In order to create uniformity and consistency within the Executive Law, the limitation on the provision of attorney's fees to housing discrimination cases should he removed so that attorney's fees can be awarded in appropriate cases in other areas of the Division's jurisdiction, such as employment and places of public accommodation.
The majority of cases filed under the Executive Law are employment cases. Often, discrimination victims have been terminated, or forced to leave their jobs because of intolerable conditions .such as pervasive sexual harassment, and are frequently not in a position to pay for legal representation. Although the law provides for Division attorneys or agents to present cases at a public hearing when probable cause has been found, there are no provisions for legal representation in the investigation and conciliation stages of the Division proceedings, nor are there provisions for representation for persons who pursue their claims directly in State court.
A provision for an award of attorney's fees in employment and other discrimination cases would be consistent with the discrimination laws of many other states, as well federal law, and would permit a more-robust enforcement of the law for the general benefit of the public.
A wards for expenditure of fees for expert witnesses should be awarded in a like manner, so that the Division will have the benefit of a complete record in making its determinations.
Budget implications
This proposal has no fiscal implications.
Effective date
This proposal would take effect 90 days after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.