NY State Senate Bill 2021-S3110

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Jan 27, 2021	referred to investigations and government operations

2021-S3110 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §297, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S4393

2021-S3110 (ACTIVE) - Summary

Allows for punitive damages for unlawful discriminatory practices beyond just housing discrimination cases.

2021-S3110 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3110

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the executive law, in relation to unlawful discriminato-
ry practices

 
PURPOSE OF BILL:

This bill allows the award of punitive damages to victims of all forms
of unlawful discrimination.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends § 297(9) of the executive law to allow punitive damages
awards for all unlawful discrimination civil law cases.

Section 2 states the law shall be effective immediately.

JUSTIFICATION:

Unlawful discriminatory practices have profound negative economic and
societal effects on both victims of discrimination and employers,
resulting in higher unemployment rates, lower productivity, and
increases in depression for victims.

Employment discrimination remains a persistent and widespread problem,
with incidences of such discrimination rapidly rising each year.
Statistics show that while one in three Americans have been discrimi-
nated against at work, the behavior is often unreported because of fears
of retaliation or a hostile work environment.  Allowing punitive damages
for persons aggrieved by unlawful discriminatory practices will not only
act as a. deterrent for similar acts of discrimination in the future,
but will set a public example that such misbehavior will not be toler-
ated.

Both federal law and New York City Human Rights Law allow for punitive
damages to be awarded to a plaintiff alleging unlawful workplace
discrimination. This bill seeks to amend state law to permit recovery of
punitive damages for New York State discrimination claims as well.
Currently, many victims of discrimination inside New York State find it
necessary to bring a federal claim in federal court in order to obtain
punitive damages. Allowing punitive damages under state law would elimi-
nate the need for plaintiffs to bring a federal case to be made whole.
It would also likely result in faster resolution of discrimination
claims because federal cases generally take longer and are more expen-
sive to resolve.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S.4393/A.6472 - Died in Committee

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

2021-S3110 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3110
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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 unlawful discriminato-
   ry practices
 
   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 chapter 160 of the laws of 2019 and chapter 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  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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07350-01-1

 S. 3110                             2
 
 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 immediately.

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Senate Bill S3110

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

Actions

2021-S3110 (ACTIVE) - Details

2021-S3110 (ACTIVE) - Summary

2021-S3110 (ACTIVE) - Sponsor Memo

2021-S3110 (ACTIVE) - Bill Text download pdf

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Sponsored By

Liz Krueger

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

Actions

2021-S3110 (ACTIVE) - Details

2021-S3110 (ACTIVE) - Summary

2021-S3110 (ACTIVE) - Sponsor Memo

2021-S3110 (ACTIVE) - Bill Text download pdf

Comments