Bill Text: NY S04372 | 2013-2014 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04372 Detail]

Download: New_York-2013-S04372-Introduced.html

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                           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:
    1    Section  1.  Subdivision  9  of  section  297 of the executive law, as
    2  amended by section 16 of part D of chapter 405 of the laws of  1999,  is
    3  amended to read as follows:
    4    9.  Any  person claiming to be aggrieved by an unlawful discriminatory
    5  practice shall have a cause of action in any court of appropriate juris-
    6  diction for damages, including, in cases of housing discrimination only,
    7  punitive damages, and UPON PREVAILING, SHALL RECOVER  REASONABLE  ATTOR-
    8  NEYS'  FEES  AND  COSTS  IN THE ACTION. IN ADDITION THERETO THE TRIER OF
    9  FACT MAY AWARD EXEMPLARY DAMAGES AND  such  other  remedies  as  may  be
   10  appropriate,  including any civil fines and penalties provided in subdi-
   11  vision four of this section, unless such person had  filed  a  complaint
   12  hereunder  or  with  any  local  commission on human rights, or with the
   13  superintendent pursuant to the provisions of section two  hundred  nine-
   14  ty-six-a  of  this  chapter,  provided  that,  where  the  division  has
   15  dismissed such complaint on the grounds of  administrative  convenience,
   16  on  the  grounds of untimeliness, or on the grounds that the election of
   17  remedies is annulled, such person shall maintain  all  rights  to  bring
   18  suit  as  if  no complaint had been filed with the division. At any time
   19  prior to a hearing before  a  hearing  examiner,  a  person  who  has  a
   20  complaint  pending at the division may request that the division dismiss
   21  the complaint and annul his or her election  of  remedies  so  that  the
   22  human  rights  law  claim may be pursued in court, and the division may,
   23  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
       S. 4372                             2
    1  person's election of an administrative remedy is annulled. Notwithstand-
    2  ing  subdivision  (a)  of section two hundred four of the civil practice
    3  law and rules, if a complaint is so annulled by the division,  upon  the
    4  request  of  the party bringing such complaint before the division, such
    5  party's rights to bring such cause of action before a court of appropri-
    6  ate jurisdiction shall be limited  by  the  statute  of  limitations  in
    7  effect  in such court at the time the complaint was initially filed with
    8  the division. Any party to a housing discrimination complaint shall have
    9  the right within twenty days following a determination of probable cause
   10  pursuant to subdivision two of this section to elect to have  an  action
   11  commenced in a civil court, and an attorney representing the division of
   12  human  rights  will  be appointed to present the complaint in court, or,
   13  with the  consent  of  the  division,  the  case  may  be  presented  by
   14  complainant's attorney. A complaint filed by the equal employment oppor-
   15  tunity  commission  to comply with the requirements of 42 USC 2000e-5(c)
   16  and 42 USC 12117(a) and 29 USC 633(b) shall not constitute the filing of
   17  a complaint within the meaning of this subdivision. No  person  who  has
   18  initiated  any action in a court of competent jurisdiction or who has an
   19  action pending before any administrative agency under any other  law  of
   20  the  state  based  upon an act which would be an unlawful discriminatory
   21  practice under this article, may file a complaint with  respect  to  the
   22  same  grievance  under this section or under section two hundred ninety-
   23  six-a of this article.
   24    S 2. This act shall take effect on the thirtieth day  after  it  shall
   25  have become a law.