|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to investigations and government operations|
|Mar 25, 2013||referred to investigations and government operations|
senate Bill S4372
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4372 - Details
S4372 - Summary
Permits awarding of reasonable attorneys' fees and costs and exemplary damages in court actions for unlawful discriminatory practices pursuant to the human rights law; provides incentive to the employer not to discriminate against the employee knowing there will be financial repercussions for their actions.
S4372 - Sponsor Memo
BILL NUMBER:S4372 TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: Permits awarding of reasonable attorneys' fees, costs and exemplary damages in court actions for unlawful discriminatory practices pursuant to the human rights law. SUMMARY OF SPECIFIC PROVISIONS: Amends Subdivision 9 of section 297 of the Executive Law. JUSTIFICATION: Currently, if you feel that you are a victim of a human rights violation you can either file a suit with the Human Rights Commission or the Equal Employment Opportunity Commission or you may consult your own private lawyer. The latter can be a significant financial burden on the plaintiff costing an average of ten thousand dollars per case. The first choice will not prove any more feasible. Due to cutbacks and continual case overloading referring a case to either the Human Rights Commission or the Equal Employment Opportunity Commission will
S4372 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4372 2013-2014 Regular Sessions I N S E N A T E March 25, 2013 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment 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 section 16 of part D of chapter 405 of the laws of 1999, 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 housing discrimination only, punitive damages, and UPON PREVAILING, SHALL RECOVER REASONABLE ATTOR- NEYS' 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, including any civil fines and penalties provided in subdi- vision 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 nine- ty-six-a of this chapter, 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01191-01-3
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