BILL NUMBER: S5767

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the executive law, in relation to providing for awards
of attorney's fees in actions under 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: Subdivision 10 of section 297 of the executive law, as
amended by chapter 154 of the laws of 2022, is amended.

Section 2: This act shall take effect immediately.

 
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 to receive reasonable attorney's fees is to
increase the remedies available to victims of discrimination.  Although
the HRL provides a right to attorneys fees for housing discrimination
case, about 92% of all complaints filed with the New York State Division
of Human Rights (DHR) were for disability discrimination or employment
matters.

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 attor-
neys 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 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:

2021-22: S3323 - Referred to Investigations and Government Operations

2019-20: S4085- REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

2017-18: S2261 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

2015-2016: S2380A - Amended and Recommitted to Investigations and
Government Operations

2013-2014: S3492/A8253 - Referred to Investigations and Government Oper-
ations

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.