BILL NUMBER: S5065
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the executive law, in relation to awarding attorneys'
fees and costs in an action brought for an unlawful discriminatory prac-
tice
 
PURPOSE:
Permits awarding of reasonable attorneys' fees, costs and exemplary
damages in court actions for unlawful discriminatory practices pursuant
to the human rights law.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision 9 of § 297 of the executive law
to require when an individual who claims to be aggrieved by an unlawful
discriminatory practice in a case of employment discrimination related
to private employers and housing discrimination and prevails to recover
reasonable attorneys' fees and costs in the action. Addi- tionally, the
trier of fact may award exemplary damages.
Section 2 of the bill provides the effective date.
 
JUSTIFICATION:
Currently, if you feel that you are a victim of a human rights violation
you can either file a suit with the Human Rights Commission or the Equal
Employment Opportunity Commission or you may consult your own private
lawyer. The latter can be a significant financial burden on the plain-
tiff costing an average of ten thousand dollars per case. The first
choice will not prove any more feasible. Due to cutbacks and continual
case overloading referring a case to either the Human Rights Commission
or the Equal Employment Opportunity Commission will only result in the
victim waiting an undetermined and inconvenient amount of time. This new
legislation will serve multiple purposes. First, it will ease the
financial burden on the victim by requiring the defendant to pay the
victims attorney's fees upon being found guilty. Second, it will provide
incentive to the employer not to discriminate against the employee know-
ing there will be financial repercussions for their actions.
 
LEGISLATIVE HISTORY:
2023-24: S.6411 - Investigations and Government Operations
2021-22: A.3204 - Governmental Operations
2019-20: A.2624 - Governmental Operations
2017-18: S.2782 - Investigations and Government Operations/ A.1113
Governmental Operations
2015-16: S.758 - Investigations and Government Operations / A.113 -
Governmental Operations
2013-14: S.4372 - Investigations and Government Operations /
A.642-Governmental Operations
2011-12: A.1284 - Governmental Operations
2009-10: S.2044 - Referred to Investigations and Government Operations /
A.635 - Governmental Operations
2007-08: A.609 - Passed Assembly
2005-06: A.1235 - Passed Assembly
2003-04: A.5022 - Passed Assembly
2001-02: A.688 - Governmental Operations
 
FISCAL IMPLICATIONS:
Minimal to state.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

Statutes affected:
S5065: 297 executive law, 297(9) executive law, 297(10) executive law