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History
- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
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Permits awarding of reasonable attorneys' fees, costs and exemplary damages in court actions for unlawful discriminatory practices pursuant to the human rights law
In Assembly Committee · Governmental Operations · Sponsor Jeffrey Dinowitz
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4372
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
2011-12- A.1284- Referred to Governmental Operations 2009-10- A.635 - Referred to Governmental Operations/S.2044- Referred to Investigations and Government Operations 2007-08-A.609 -Passed Assembly 2005-06-A.1235- Passed Assembly 2003-04-A.5022- Passed Assembly 2001-02:A.688-Referred to Governmental 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.