What's happening
This bill requires courts to award attorney's fees to prevailing plaintiffs or complainants in actions under New York's human rights law.
Why it matters
Levels the playing field for discrimination victims. By guaranteeing attorney’s fees to prevailing plaintiffs or complainants (rather than leaving it to the court’s discretion or limiting it to certain case types), the bill makes it more financially feasible for individuals to pursue justice under New York’s human rights law.
Removes disincentives for filing legitimate claims. The amendment eliminates previous language that allowed prevailing defendants to recover attorney’s fees if the plaintiff’s claim was “frivolous,” reducing the risk that victims might face large financial penalties for losing a case.
Encourages enforcement of anti-discrimination laws. By making it easier and less risky for individuals to challenge discrimination, the bill could result in more private enforcement actions, potentially deterring discriminatory practices by employers, landlords, and others.
Narrowly targets support to plaintiffs and complainants. The bill specifically denies attorney’s fees to the state’s Division of Human Rights (unless it is an employer-party), focusing the fee-shifting benefit on individuals rather than government agencies, and ensuring that only those found liable for discrimination must pay fees.
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Who cares
Headline styles
Award Attorney Fees for Discrimination
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to governmental operations
- Referred to governmental 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.
Award Attorney Fees for Discrimination
In Senate Committee · Investigations And Government Operations · Sponsor Kevin S. Parker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4688
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. O'DONNELL, SIMON -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to providing for awards of attorney's fees in actions under the human rights law
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 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] 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] shall 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] plaintiff or complainant. 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. In cases of employment discrimination, a respondent shall only be liable
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06685-01-7
A. 4688 2
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 immediately.
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.