Relates to the provision of attorney's fees in cases of housing, employment or credit discrimination

9 Co-sponsors

• Tony Avella
• David Carlucci
• Patrick M. Gallivan
• Terry Gipson
• Mark Grisanti
• Jeffrey D. Klein
• Jack M. Martins
• Diane J. Savino
• David J. Valesky

BILL NUMBER:S5874 REVISED 6/26/13

Title of bill

An act to amend the executive law, in relation to the provision of attorney's fees in cases of housing, employment or credit discrimination; to amend the executive law, in relation to the awarding of reasonable attorney's fees

Purpose:

This bill would enact part of the New York Women's Agenda, which would break down barriers that perpetuate discrimination and inequality based on gender. New York State has a proud history and tradition of leading the nation in progressive ideals and reforms. This is especially so with respect to women's rights. In 1848, the women's suffrage movement was born at the first Women's Rights Convention in Seneca Falls, New York, From that moment in time and continuing through today, the state has been the home of female leaders and visionaries, from Elizabeth Cady Stanton who initiated the first organized women's rights and women's suffrage movements, to Audre Lorde, a leading African-American poet and essayist who gave voice to women's issues, and Gloria Steinem, the journalist, author and activist These New Yorkers have served as role models for not only their generation but for every generation to come

Over the years, New Yolk has fallen behind in its role as a progressive. leader on women's rights. Today, statistics clearly show that women in New York State are not treated equally to men Study after study shows gender inequality in our communities where women face discrimination in housing because of their domestic violence victim status

The New York Women's Agenda will break down barriers that perpetuate discrimination and inequality based on gender. New York has served as a model for equality and fairness on several issues including women's rights. The New York Women's Agenda will return the State to its rightful place as a leader on women's equality.

Summary of Bills:

3) Attorney's Fees

This bill would amend Exec. L § 297 to provide for attorney's fees in employment or credit discrimination cases when sex is a basis of discrimination and retain the existing allowance for attorney's fees in housing and housing related credit cases. It would similarly amend Exec. L. § 296-a to permit the awarding of attorney's fees in credit discrimination cases when sex is a basis of discrimination in matters brought before the Department of Financial Services

Existing Law:

These bills would impact existing protections that are available under the Executive Law.

Statement in Support:

* Allowing for the Recovery of Attorney's Fees in Employment and Credit and Lending Cases

Under existing law, attorney's fees for employment and credit and lending sex discrimination cases are not available even after the plaintiff proves discrimination at trial. As a result (a) many who are discriminated against but cannot afford to hire an attorney never seek redress. (b) those who hire an attorney on a contingency fee arrangement are not "made whole" for their losses because they must pay for their attorneys out of their recovery; and (C) some who cannot afford to hire an attorney, but who try to do so on a contingency basis, are unsuccessful because the case is either too small or too risky. This bill would allow for reasonable attorney's fees in employment and credit discrimination cases when sex is a basis of discrimination.

Budget Implications:

This bill has no budget implications for the State.

Effective Date: This bill would take effect 90 days after enactment.