Senate Bill S758

2015-2016 Legislative Session

Permits awarding of reasonable attorneys' fees, costs and exemplary damages in court actions for unlawful discriminatory practices pursuant to the human rights law

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S758 (ACTIVE) - Details

See Assembly Version of this Bill:
A113
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง297, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A635
2011-2012: A1284
2013-2014: S4372, A642
2017-2018: S2782, A1113
2019-2020: A2624
2021-2022: A3204
2023-2024: A2182

2015-S758 (ACTIVE) - Summary

Permits awarding of reasonable attorneys' fees and costs and exemplary damages in court actions for unlawful discriminatory practices pursuant to the human rights law; provides incentive to the employer not to discriminate against the employee knowing there will be financial repercussions for their actions.

2015-S758 (ACTIVE) - Sponsor Memo

2015-S758 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   758

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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  ASSEM-
BLY, 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 juris-
diction for damages, including, in cases of housing discrimination only,
punitive damages, and UPON PREVAILING, SHALL RECOVER  REASONABLE  ATTOR-
NEYS'  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 subdi-
vision 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  nine-
ty-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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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