Assembly Bill A2182A

2023-2024 Legislative Session

Permits awarding of reasonable attorneys' fees, costs in court actions for unlawful discriminatory practices pursuant to the human rights law

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Sponsored By

Current Bill Status - In Assembly Committee


  • 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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Bill Amendments

co-Sponsors

multi-Sponsors

2023-A2182 - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A635
2011-2012: A1284
2013-2014: A642
2015-2016: A113
2017-2018: A1113
2019-2020: A2624
2021-2022: A3204

2023-A2182 - Summary

Permits awarding of reasonable attorneys' fees and costs in court actions for unlawful discriminatory practices pursuant to the human rights law.

2023-A2182 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2182
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, SEAWRIGHT, PAULIN -- read once and
   referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation  to  awarding  attorneys'
   fees  and  costs  and  exemplary  damages  in an action brought for an
   unlawful discriminatory practice

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  9  of  section  297 of the executive law, as
 amended by chapter 140 of the laws  of  2022,  is  amended  to  read  as
 follows:
   9.  Any  person claiming to be aggrieved by an unlawful discriminatory
 practice shall have a cause of action in any court of appropriate juris-
 diction for damages, including, in cases  of  employment  discrimination
 related  to  private employers and housing discrimination only, punitive
 damages, and  UPON PREVAILING, SHALL RECOVER REASONABLE ATTORNEYS'  FEES
 AND COSTS IN THE ACTION. IN ADDITION THERETO THE TRIER OF FACT MAY AWARD
 EXEMPLARY DAMAGES AND such other remedies as may be appropriate, includ-
 ing  any  civil fines and penalties provided in subdivision four of this
 section, unless such person had filed a complaint hereunder or with  any
 local commission on human rights, or with the superintendent pursuant to
 the  provisions  of  section  two  hundred ninety-six-a of this article,
 provided that, where the division has dismissed such  complaint  on  the
 grounds  of  administrative convenience, on the grounds of untimeliness,
 or on the grounds that the election of remedies is annulled, such person
 shall maintain all rights to bring suit as  if  no  complaint  had  been
 filed with the division. At any time prior to a hearing before a hearing
 examiner,  a  person  who  has  a  complaint pending at the division may
 request that the division dismiss the complaint and  annul  his  or  her
 election  of  remedies so that the human rights law claim may be pursued
 in court, and the division may, upon such request, dismiss the complaint
 on the grounds that such person's election of an  administrative  remedy
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04983-01-3
              

co-Sponsors

multi-Sponsors

2023-A2182A (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A635
2011-2012: A1284
2013-2014: A642
2015-2016: A113
2017-2018: A1113
2019-2020: A2624
2021-2022: A3204

2023-A2182A (ACTIVE) - Summary

Permits awarding of reasonable attorneys' fees and costs in court actions for unlawful discriminatory practices pursuant to the human rights law.

2023-A2182A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2182--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, SEAWRIGHT, PAULIN, STECK, SHIMSKY --
   Multi-Sponsored by -- M. of A. SIMON -- read once and referred to  the
   Committee  on  Governmental Operations -- recommitted to the Committee
   on Governmental Operations in accordance with Assembly Rule 3, sec.  2
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the executive law, in relation  to  awarding  attorneys'
   fees  and  costs  in  an action brought for an unlawful discriminatory
   practice
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  9  of  section  297 of the executive law, as
 amended by chapter 140 of the laws  of  2022,  is  amended  to  read  as
 follows:
   9.  Any  person claiming to be aggrieved by an unlawful discriminatory
 practice shall have a cause of action in any court of appropriate juris-
 diction for damages[, including, in cases of  employment  discrimination
 related  to  private employers and housing discrimination only,] AND MAY
 AWARD punitive damages, and such other remedies as may  be  appropriate,
 including  any civil fines and penalties provided in subdivision four of
 this section, unless such person had filed a complaint hereunder or with
 any local commission on human rights, or with the superintendent  pursu-
 ant  to the provisions of section two hundred ninety-six-a of this arti-
 cle, provided that, where the division has dismissed such  complaint  on
 the  grounds  of administrative convenience, on the grounds of untimeli-
 ness, or on the grounds that the election of remedies is annulled,  such
 person  shall  maintain  all rights to bring suit as if no complaint had
 been filed with the division. At any time prior to a  hearing  before  a
 hearing  examiner,  a person who has a complaint pending at the division
 may request that the division dismiss the complaint and  annul  [his  or
 her]  SUCH  PERSON'S  election  of remedies so that the human rights law
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04983-02-4
              

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