What's happening
This bill allows prevailing plaintiffs in unlawful discrimination cases to recover attorneys' fees, costs, and exemplary damages.
Why it matters
Shifts financial risk in discrimination lawsuits. By requiring defendants to pay reasonable attorneys' fees and costs to prevailing plaintiffs, more individuals may be empowered to pursue legitimate claims without fear of prohibitive legal expenses.
Strengthens deterrence and accountability. Allowing courts to award exemplary damages (in addition to existing remedies) increases the potential financial consequences for those found liable for unlawful discrimination, potentially motivating employers, landlords, and others to proactively comply with anti-discrimination laws.
Levels the playing field for victims. The bill aims to reduce the advantage that organizations or individuals with greater resources have in legal battles, making it more feasible for victims of discrimination—who may lack financial means—to seek justice.
May impact settlement dynamics and litigation strategy. With the prospect of higher damages and automatic fee-shifting, defendants might be more inclined to settle meritorious claims early, while plaintiffs and their attorneys may be more willing to take on complex or risky cases.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Let Discrimination Victims Recover Fees
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
2 Multi-sponsors
History
- Referred to governmental operations
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2624
2019-2020 Regular Sessions
IN ASSEMBLY
January 24, 2019
Introduced by M. of A. DINOWITZ, SEAWRIGHT, PAULIN -- Multi-Sponsored by -- M. of A. GOTTFRIED, SIMON -- read once and referred to the Committee on Governmental Operations
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 9 of section 297 of the executive law, as amended by section 16 of part D of chapter 405 of the laws of 1999, is amended to read as follows:
9. Any person claiming to be aggrieved by an unlawful discriminatory practice shall have a cause of action in any court of appropriate jurisdiction for damages, including, in cases of housing discrimination only, punitive damages, and upon prevailing, shall recover reasonable attorneys' fees and costs in the action. In addition thereto the trier of fact may award exemplary damages and such other remedies as may be appropriate, including any civil fines and penalties provided in subdivision four of this section, unless such person had filed a complaint hereunder or with any local commission on human rights, or with the superintendent pursuant to the provisions of section two hundred ninety-six-a of this chapter, provided that, where the division has dismissed such complaint on the grounds of administrative convenience, on the grounds of untimeliness, or on the grounds that the election of remedies is annulled, such person shall maintain all rights to bring suit as if no complaint had been filed with the division. At any time prior to a hearing before a hearing examiner, a person who has a complaint pending at the division may request that the division dismiss the complaint and annul his or her election of remedies so that the human rights law claim may be pursued in court, and the division may, upon such request, dismiss the complaint on the grounds that such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00705-01-9
A. 2624 2
person's election of an administrative remedy is annulled. Notwithstanding subdivision (a) of section two hundred four of the civil practice law and rules, if a complaint is so annulled by the division, upon the request of the party bringing such complaint before the division, such party's rights to bring such cause of action before a court of appropriate jurisdiction shall be limited by the statute of limitations in effect in such court at the time the complaint was initially filed with the division. Any party to a housing discrimination complaint shall have the right within twenty days following a determination of probable cause pursuant to subdivision two of this section to elect to have an action commenced in a civil court, and an attorney representing the division of human rights will be appointed to present the complaint in court, or, with the consent of the division, the case may be presented by complainant's attorney. A complaint filed by the equal employment opportunity commission to comply with the requirements of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) shall not constitute the filing of a complaint within the meaning of this subdivision. No person who has initiated any action in a court of competent jurisdiction or who has an action pending before any administrative agency under any other law of the state based upon an act which would be an unlawful discriminatory practice under this article, may file a complaint with respect to the same grievance under this section or under section two hundred ninetysix-a of this article.
§ 2. This act shall take effect on the thirtieth 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.