Assembly Bill A8842

Signed By Governor
2021-2022 Legislative Session

Relates to the awarding of attorney's fees under the human rights law

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S7733 - Signed by Governor

  • 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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2021-A8842 (ACTIVE) - Details

See Senate Version of this Bill:
S7733
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L (as proposed in S.749 & A.1899)

2021-A8842 (ACTIVE) - Summary

Relates to the awarding of attorney's fees under the human rights law; removes language relating to claims of credit discrimination where sex is a basis of such discrimination and claims of employment discrimination.

2021-A8842 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8842
 
                           I N  A S S E M B L Y
 
                             January 13, 2022
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to amend the executive law, in relation to attorney's fees with
   respect to claims of credit discrimination where sex is  a  basis  and
   certain claims of employment discrimination
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 10 of section 297  of  the  executive  law,  as
 amended  by  a  chapter  of  the laws of 2021 amending the executive law
 relating to providing for  the  award  of  attorney's  fees  and  expert
 witness  fees  in  appropriate  cases,  as proposed in legislative bills
 numbers S. 749 and A.  1899, is amended to read as follows:
   10. 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 cred-
 it 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 attor-
 ney'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, nor shall the division be liable to a  prevail-
 ing  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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