BILL NUMBER: S5032

SPONSOR: PARKER
 
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
plaintiffs 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 with out 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.  Further-
more, 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 attor-
neys' 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 plain-
tiffs 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:

2019-20: S.4548 - Referred to Finance

2017-18: S.2219 - REFERRED TO FINANCE

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.