BILL NUMBER:  S2219

 TITLE OF BILL :  An act to amend the executive law, in relation to
providing for the award of attorneys' fees to prevailing parties in
actions based on the human rights law

 PURPOSE :

To provide access to justice to those who cannot afford it in actions
or proceedings relating to the state human rights law

 SUMMARY OF PROVISIONS :

Section 1: Provides for an award of reasonable attorneys fees to
prevailing parties in actions or proceedings under the human rights
law.

Section 2: Provides the act shall take effect one hundred eighty days
after it shall have become law.

 JUSTIFICATION :

Unlike New York City's Human Rights Law, and unlike federal civil
rights law, New York State's Human Rights Law (HRL) does not provide
for the possibility of reasonable attorneys fees  The purpose for
permitting plaintiff's attorney(s) to receive reasonable attorneys
              

fees is to increase the remedies available to victims of
discrimination.

As of 2010, 92% of all complaints filed with the New York State
Division of Human Rights (DHR) were for disability discrimination or
employment matters, which do not include a right to attorney's fees
Although the HRL provides a right to attorneys fees for housing
discrimination cases (see, N.Y. Exec. Law § 297(10)), they only made
up 8% of DHR's cases in 2010.

The HRL has the potential to offer New Yorkers civil rights
protections beyond federal law, but these rights may not be realized
without the provision of attorney's fees. The failure of the HRL to
provide for attorneys fee in non-housing related discrimination cases
severely limits the protections afforded under the Human Rights Law.
Furthermore, it is the exact opposite of the federal civil rights
statutes upon which the HRL was modeled. Consequently, even though the
HRL's protections of individuals is relatively similar to that
provided by federal civil rights statutes, because it does not provide
for an award of attorneys fees, many plaintiffs are unable to pursue
the vindication of their rights. That is why when the Civil Rights Act
of 1964 was passed, Congress added attorneys fees so that enforcement
could rely in part upon private litigation to secure compliance.

The Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988,
is one of the most widely used statutory instruments to award of
attorneys' fees in federal civil rights cases. Congress enacted § 1988
to ensure that low-income individuals could effectively access the
courts to enforce civil rights laws. The determination of attorneys'
fees under § 1988 is also the same analysis used under Title VII,
Section 504 and the Americans with Disabilities Act.

The New York City Human Rights Law (NYCHRL) and other state laws
already provide for attorney's fees. Attorneys fees under the NYCHRL
have been authorized since 1991 and provide that: "in any civil action
commenced pursuant to this section, the court, in its discretion, may
award the prevailing party costs and reasonable attorney's fees."
After twenty-two years of low-income plaintiffs effectively pursuing
the vindication of their rights under the NYCHRL, it is time for New

York to amend the HRL to extend similarly effective protections to the
rest of the state.

 LEGISLATIVE HISTORY :

2015-16: S.2753 - Referred to Finance

2013-14: S.4627 - Referred to Investigations and Government Operations

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect one hundred eighty days after it shall have
become law.