Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 06, 2024 |
recommit, enacting clause stricken |
Jan 03, 2024 |
referred to investigations and government operations |
Apr 18, 2023 |
referred to investigations and government operations |
Senate Bill S6411
2023-2024 Legislative Session
Sponsored By
(D, WF) Senate District
Current Bill Status - Stricken
- 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
Actions
2023-S6411 (ACTIVE) - Details
- Law Section:
- Executive Law
- Laws Affected:
- Amd §297, Exec L
2023-S6411 (ACTIVE) - 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.
2023-S6411 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6411 SPONSOR: KENNEDY 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 unlaw- ful discriminatory practice PURPOSE: 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 PROVISIONS: Section one of the bill amends subdivision 9 of § 297 of the executive law to require when an individual who claims to be aggrieved by an unlawful discriminatory practice in a case of employment discrimination related to private employers and housing discrimination and prevails to recover reasonable attorneys' fees and costs in the action. Addi-
2023-S6411 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6411 2023-2024 Regular Sessions I N S E N A T E April 18, 2023 ___________ 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04983-01-3
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