Provides for the award of attorney fees in actions under the human rights law

2 Co-sponsors

• Velmanette Montgomery
• John L. Sampson

BILL NUMBER:S3492A

Title of bill

An act to amend the executive law, in relation to providing for awards of attorney's fees in actions under the human rights law

Purpose

To provide access to justice to those who cannot afford it in actions or proceedings relating to the state human rights law.

Summary of provisions

Section 1: Provides for an award of reasonable attorneys fees.

Section 2: Provides the act shall take effect immediately.

Justification

Unlike New York City's Human Rights Law, and unlike federal civil rights law, New York State's Human Rights Law (HRL) does not provide fox the possibility of reasonable attorneys fees. The purpose for permitting plaintiff's attorneys) to receive reasonable attorneys fees is to increase the remedies available to victims of discrimination.

As of 2010, 92% of all complaints filed with the New York State Division of Human Rights (DHR) were for disability discrimination or employment matters, which do not include a right to attorney's fees. Although the HRL provides a right to attorneys fees for housing discrimination cases (see, N.Y. Exec. Law § 297(10)), they only made up 8% of DHR's cases in 2010.

The HRL has the potential to offer New Yorkers civil rights protections beyond federal law, but these rights may not be realized without the provision of attorney's fees. The failure of the HRL to provide fox attorneys fee in non-housing related discrimination cases severely limits the protections afforded under the Human Rights Law. Furthermore, it is the exact opposite of the federal civil rights statutes upon which the HRL was modeled. Consequently, even though the HRL's protections of individuals is relatively similar to that provided by federal civil rights statutes, because it does not provide for an award of attorneys fees, many plaintiffs axe unable to pursue the vindication of their rights. That is why when the Civil Rights Act of 1964 was passed, Congress added attorneys fees so that enforcement could rely in part upon private litigation to secure compliance.

The Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988, is one of the most widely used statutory instruments to award of attorneys' fees in federal civil rights cases. Congress enacted § 1988 to ensure that low-income individuals could effectively access the courts to enforce civil rights laws. The determination of attorneys' fees under § 1988 is also the same analysis used under Title VII, Section 504 and the Americans with Disabilities Act.

The New York City Human Rights Law (NYCHRL) and other state laws already provide for attorney's fees. Attorneys fees under the NYCHRL have been authorized since 1991 and provide that: in any civil action

commenced pursuant to this section, the court, in its discretion, may award the prevailing party costs and reasonable attorney's fees." After twenty-two years of low-income plaintiffs effectively pursuing the vindication of their rights under the NYCHRL, it is time for New York to amend the HRL to extend similarly effective protections to the rest of the state.

Legislative history

None. It is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.