BILL NUMBER:  S324

 TITLE OF BILL :
An act to amend the executive law, in relation to permitting the
awarding of punitive damages in all cases of discrimination, rather
than only housing cases


 PURPOSE OR GENERAL IDEA OF BILL :
To deter all forms of discrimination by imposing punitive damages in
all cases of discrimination under the human rights act.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill authorizes the imposition of punitive damages in all cases
of discrimination, not just in housing discrimination cases.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
Subparagraph (iv) of paragraph c of subdivision 4 of section 297 of
the Executive Law.

 JUSTIFICATION :
Unfortunately, discrimination in society and in the workplace remains
a widespread problem creating devastating economic and social
consequences.  The imposition of punitive damages would not only
punish the wrongdoer for the gross misbehavior but also it would
convey the appropriate warning or message that society will not
              

tolerate this conduct. Additionally, the imposition of punitive
damages will be a meaningful deterrent.

It is incompatible with the purpose of the Human Rights Law to
restrict the application of punitive damages to only housing cases
since all cases or categories of discrimination have equally important
implications.

Enactment of this measure will reaffirm the basic principle that
anyone who violates the civil rights laws must be held responsible for
his/her actions and that victims of discrimination deserve a full and
fair remedy. To do anything less ignores the serious threat that
discrimination continues to pose in society.

Federal law (Civil Rights Act of 1964 et seq., and the Americans with
Disabilities Act) allows for punitive damages. The same is true under
the New York City Commission for Human Rights.

Finally, with the enactment of this measure, New York would join
several other states (e.g. Ohio) that assess punitive damages.

 PRIOR LEGISLATIVE HISTORY :
2007-2008 - A.2575, Referred to Governmental Operations
2005-2006 - A.1023, Referred to Governmental Operations
2003-2004 - A.2819, Referred to Governmental Operations
2001-2002 - A.660, Referred to Governmental Operations
1999-2000 - A.1318, Held for consideration in Governmental Operations

 FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS :
The state will realize some revenue as a result of the imposition of
punitive damages. Furthermore, because the additional punishment might
have a deterrent factor, there might be less discrimination complaints
filed.

 EFFECTIVE DATE :
Immediately.