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
Helps level the playing field for discrimination victims. By allowing courts to award expert witness fees along with attorney’s fees, the bill recognizes the crucial role that expert testimony often plays in proving discrimination, making it more feasible for individuals to pursue cases even if they lack significant financial resources.
May deter frivolous lawsuits while supporting legitimate claims. The bill maintains strict standards for when fees can be awarded to defendants—only if the case is found to be frivolous—while ensuring that plaintiffs who bring good-faith cases can recoup significant costs if they win.
Could improve the quality and depth of evidence in discrimination lawsuits. Plaintiffs and their attorneys may be more willing and able to invest in expert witnesses, knowing that these costs could be recoverable, potentially leading to stronger, more thoroughly-argued cases.
Signals a broader commitment to combating discrimination. This change aligns New York’s law more closely with federal standards and could be seen as part of a larger effort to make anti-discrimination protections more effective and accessible.
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Who cares
Headline styles
Award Legal and Expert Fees
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Print number 4129a
- Amend and recommit to investigations and government operations
- Referred to investigations and government operations
- Referred to investigations and government 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 Legal Fees to Winners
Assembly Floor Calendar · Sponsor Jeffrey Dinowitz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4129--A
2019-2020 Regular Sessions
IN SENATE
March 1, 2019
Introduced by Sens. BIAGGI, CARLUCCI, HOYLMAN, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- recommitted to the Committee on Investigations and Government Operations in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 161 of the laws of 2019, 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 credit discrimination where sex is a basis of such discrimination, and with respect to all claims of employment 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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01176-03-0
S. 4129--A 2
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 discrimination, 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.
Sponsor's memo
Title of bill
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
Purpose of bill
This bill would amend the Executive Law to provide for an award of attorney's fees and expert witness fees in all appropriate cases of discrimination.
Summary of provisions
Section 1 of the bill would amend Executive Law § 297 (10) to allow the commissioner or the court in an action or proceeding (with respect to cases of housing discrimination only) to award reasonable attorney's fees to any prevailing or substantially prevailing party, provided 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 was frivolous. This section would also provide for expert witness fees to be awarded pursuant to the same standards as an award of attorney's fees. This section also provides the standard that the court would use to identify a frivolous action or proceeding.
Section 2 would provide that the bill will become effective 90 days after enactment.
Existing law
Currently attorney's fees may be awarded only in cases of housing discrimination. There are no provisions for expert witness fees.
Justification
In order to create uniformity and consistency within the Executive Law, the limitation on the provision of attorney's fees to housing discrimi- nation cases should he removed so that attorney's fees can be awarded in appropriate cases in other areas of the Division's jurisdiction, such as employment and places of public accommodation.
The majority of cases filed under the Executive Law are employment cases. Often, discrimination victims have been terminated, or forced to leave their jobs because of intolerable conditions, such as pervasive sexual harassment, and are frequently not in a position to pay for legal representation. Although the law provides for Division attorneys or agents to present cases at a public hearing when probable cause has been found, there are no provisions for legal representation in the investi- gation and conciliation stages of the Division proceedings, nor are there provisions for representation for persons who pursue their claims directly in State court.
A provision for an award of attorney's fees in employment and other discrimination cases would be consistent with the discrimination laws of many other states, as well federal law, and would permit a more-robust enforcement of the law for the general benefit of the public. Awards for expenditure of fees for expert witnesses should be awarded in a like manner, so that the Division will have the benefit of a complete record in making its determinations.
Legislative history
2017-18- A.3923 - Third Reading Calendar 2015-16-.1998-A- Third Reading Calendar 2013-14- A.353-A- Referred to Judiciary 2011-12- A.1860- Referred to Codes 2009-10- A.8184- Passed Assembly/S.3884- Referred to Investigations and Governmental Operations
Fiscal implications
None to the State.
Effective date
This proposal would take effect 90 days after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.