senate Bill S3884

2009-2010 Legislative Session

Awards attorney fees and expert witness fees in appropriate cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to investigations and government operations
Apr 02, 2009 referred to investigations and government operations

Co-Sponsors

S3884 (ACTIVE) - Details

See Assembly Version of this Bill:
A8184
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1860
2013-2014: A353
2015-2016: A1998
2017-2018: A3923
2019-2020: A2475

S3884 (ACTIVE) - Summary

Awards attorney fees and expert witness fees in employment discrimination cases.

S3884 (ACTIVE) - Sponsor Memo

S3884 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3884

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by Sens. C. JOHNSON, DIAZ, ONORATO, SAVINO -- (at request of
  the Division of Human Rights) -- read twice and ordered  printed,  and
  when  printed  to  be committed to the Committee on Investigations and
  Government Operations

AN ACT to amend the executive law, in  relation  to  providing  for  the
  award of attorney's fees and expert witness fees in appropriate cases

  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
added  by  section  17  of part D of chapter 405 of the laws of 1999, is
amended to read as follows:
  10. [With respect to cases of housing discrimination only, in]  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; 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 attorney's fees as part of a final order after a public hear-
ing  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 prevailing 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.  WITH  RESPECT
TO CASES OF EMPLOYMENT DISCRIMINATION ONLY, THE AWARD OF ATTORNEY'S FEES
WILL  BE  LIMITED TO THOSE CASES IN WHICH THE EMPLOYER HAS FIFTY OR MORE
EMPLOYEES. EXPERT WITNESS FEES MAY BE AWARDED  IN  THE  SAME  MANNER  AS
ATTORNEY'S  FEES. In order to find the action or proceeding to be frivo-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09042-01-9

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