S T A T E O F N E W Y O R K
________________________________________________________________________
3204
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
___________
Introduced by M. of A. DINOWITZ, SEAWRIGHT, PAULIN -- Multi-Sponsored by
-- M. of A. GOTTFRIED, SIMON -- read once and referred to the Commit-
tee 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 sepa-
rately amended by chapters 160 of the laws of 2019 and 236 of the laws
of 2020, 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 [chapter]
ARTICLE, provided that, where the division has dismissed such complaint
on the grounds of administrative convenience, on the grounds of untime-
liness, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06710-01-1
A. 3204 2
on the grounds that such person's election of an administrative remedy
is annulled. Notwithstanding subdivision (a) of section two hundred four
of the civil practice law and rules, if a complaint is so annulled by
the division, upon the request of the party bringing such complaint
before the division, such party's rights to bring such cause of action
before a court of appropriate jurisdiction shall be limited by the stat-
ute of limitations in effect in such court at the time the complaint was
initially filed with the division. Any party to a housing discrimination
complaint shall have the right within twenty days following a determi-
nation of probable cause pursuant to subdivision two of this section to
elect to have an action commenced in a civil court, and an attorney
representing the division of human rights will be appointed to present
the complaint in court, or, with the consent of the division, the case
may be presented by complainant's attorney. A complaint filed by the
equal employment opportunity commission to comply with the requirements
of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) shall not
constitute the filing of a complaint within the meaning of this subdivi-
sion. No person who has initiated any action in a court of competent
jurisdiction or who has an action pending before any administrative
agency under any other law of the state based upon an act which would be
an unlawful discriminatory practice under this article, may file a
complaint with respect to the same grievance under this section or under
section two hundred ninety-six-a of this article. In cases of housing
discrimination only, a person whose complaint has been dismissed by the
division after investigation for lack of jurisdiction or lack of proba-
ble cause may file the same cause of action in a court of appropriate
jurisdiction pursuant to this section, unless judicial review of such
dismissal has been sought pursuant to section two hundred ninety-eight
of this article.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law; provided however, that if chapter 236 of the laws of
2020 shall not yet have taken effect then this act shall take effect on
the same date as such chapter takes effect.