Senate Bill S7733

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 - 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-S7733 (ACTIVE) - Details

See Assembly Version of this Bill:
A8842
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L (as proposed in S.749 & A.1899)

2021-S7733 (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-S7733 (ACTIVE) - Sponsor Memo

2021-S7733 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7733
 
                             I N  S E N A T E
 
                              January 7, 2022
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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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