What's happening
This bill allows New York courts to award expert witness fees, in addition to attorney's fees, in discrimination cases.
Why it matters
Broadens financial support for discrimination victims. By allowing courts to award expert witness fees—not just attorney’s fees—victims can better afford the costs of hiring specialists (like economists, doctors, or other professionals) whose testimony can be crucial for proving their case.
Increases deterrence for discriminatory conduct. The risk of having to pay both attorney's and expert witness fees if found liable may discourage individuals and organizations from engaging in discriminatory practices.
Aligns New York law with broader civil rights standards. Many federal anti-discrimination statutes already permit recovery of expert witness fees; this amendment brings New York’s protections closer to those national standards, potentially improving access to justice and consistency for plaintiffs.
Maintains protections against frivolous lawsuits. The bill keeps in place existing safeguards that prevent fee awards to defendants except in cases where the plaintiff’s action is found to be frivolous, meaning the new provision is unlikely to chill legitimate discrimination claims.
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Who cares
Headline styles
Award Legal Fees in Cases
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Ordered to third reading cal.297
- Advanced to third reading cal.411
- Reported
- Reported referred to codes
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3923
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. DINOWITZ, GOTTFRIED -- read once and referred to the Committee on Judiciary
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 10 of section 297 of the executive law, as amended by chapter 364 of the laws of 2015, is amended to read as follows:
10. [With respect to all cases of housing discrimination and housing related credit discrimination in] In an action or proceeding at law under this section or section two hundred ninety-eight of this article, the commissioner or the court may in its discretion award reasonable attorney's fees to any prevailing or substantially prevailing party; and with respect to a claim of employment or credit discrimination where sex is a basis of such discrimination, in an action or proceeding at law under this section or section two hundred ninety-eight of this article, the commissioner or the court may in its discretion award reasonable attorney's fees attributable to such claim to any prevailing party; provided, however, that a prevailing respondent or defendant in order to recover such reasonable attorney's fees must make a motion requesting such fees and show that the action or proceeding brought was frivolous; and further provided that in a proceeding brought in the division of human rights, the commissioner may only award attorney's fees as part of a final order after a public hearing held pursuant to subdivision four of this section. In no case shall attorney's fees be awarded to the division, nor shall the division be liable to a prevailing or substantially prevailing party for attorney's fees, except in a case in which the division is a party to the action or the proceeding in the division's capacity as an employer. Expert witness fees may be awarded in the same manner as attorney's fees. In cases of employment discrimi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03592-02-7
A. 3923 2
nation, a respondent shall only be liable for attorney's fees under this subdivision if the respondent has been found liable for having committed an unlawful discriminatory practice. In order to find the action or proceeding to be frivolous, the court or the commissioner must find in writing one or more of the following:
(a) the action or proceeding was commenced, used or continued in bad faith, solely to delay or prolong the resolution of the litigation or to harass or maliciously injure another; or
(b) the action or proceeding was commenced or continued in bad faith without any reasonable basis and could not be supported by a good faith argument for an extension, modification or reversal of existing law. If the action or proceeding was promptly discontinued when the party or attorney learned or should have learned that the action or proceeding lacked such a reasonable basis, the court may find that the party or the attorney did not act in bad faith.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.