Bill Text: NY A02865 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides that the court shall not reduce jury awards as excessive in employment discrimination actions unless the court finds exceptional circumstances which compel the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced) 2024-01-05 - print number 2865a [A02865 Detail]
Download: New_York-2023-A02865-Introduced.html
Bill Title: Provides that the court shall not reduce jury awards as excessive in employment discrimination actions unless the court finds exceptional circumstances which compel the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced) 2024-01-05 - print number 2865a [A02865 Detail]
Download: New_York-2023-A02865-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2865 2023-2024 Regular Sessions IN ASSEMBLY January 27, 2023 ___________ Introduced by M. of A. SEAWRIGHT, ROZIC, TAYLOR, STECK, SIMON, EPSTEIN, CRUZ, GALLAGHER -- read once and referred to the Committee on Judici- ary AN ACT to amend the civil practice law and rules and the executive law, in relation to jury awards for unlawful discriminatory practices relating to employment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (a) of rule 4404 of the civil practice law and 2 rules, such rule as renumbered by chapter 315 of the laws of 1962, is 3 amended to read as follows: 4 (a) Motion after trial where jury required. After a trial of a cause 5 of action or issue triable of right by a jury, upon the motion of any 6 party or on its own initiative, the court may set aside a verdict or any 7 judgment entered thereon and direct that judgment be entered in favor of 8 a party entitled to judgment as a matter of law or it may order a new 9 trial of a cause of action or separable issue where the verdict is 10 contrary to the weight of the evidence, in the interest of justice or 11 where the jury cannot agree after being kept together for as long as is 12 deemed reasonable by the court. No court shall order a new trial on the 13 ground that the jury award was excessive, or otherwise act to reduce the 14 jury's award in a case involving an unlawful discriminatory practice 15 under section two hundred ninety-six of the executive law relating to 16 employment, including a claim by a non-employee under section two 17 hundred ninety-six-d of the executive law, without fully satisfying the 18 pertinent standards set forth in paragraph two of subdivision (c) of 19 section fifty-five hundred one of this chapter and paragraph (b) of 20 subdivision nine of section two hundred ninety-seven of the executive 21 law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00427-01-3A. 2865 2 1 § 2. Subdivision (c) of section 5501 of the civil practice law and 2 rules, as amended by chapter 474 of the laws of 1997, is amended to read 3 as follows: 4 (c) Appellate division. 1. The appellate division shall review ques- 5 tions of law and questions of fact on an appeal from a judgment or order 6 of a court of original instance and on an appeal from an order of the 7 supreme court, a county court or an appellate term determining an 8 appeal. The notice of appeal from an order directing summary judgment, 9 or directing judgment on a motion addressed to the pleadings, shall be 10 deemed to specify a judgment upon said order entered after service of 11 the notice of appeal and before entry of the order of the appellate 12 court upon such appeal, without however affecting the taxation of costs 13 upon the appeal. In reviewing a money judgment in an action in which an 14 itemized verdict is required by rule forty-one hundred eleven of this 15 chapter in which it is contended that the award is excessive or inade- 16 quate and that a new trial should have been granted unless a stipulation 17 is entered to a different award, the appellate division shall determine 18 that an award is excessive or inadequate if it deviates materially from 19 what would be reasonable compensation. 20 2. Where an award is made by a jury for any damages in a case involv- 21 ing an unlawful discriminatory practice under section two hundred nine- 22 ty-six of the executive law relating to employment, including a claim by 23 a non-employee under section two hundred ninety-six-d of the executive 24 law, the jury's verdict is presumed to be correct and entitled to 25 substantial deference. Any such award shall not be disturbed unless the 26 court finds that the proponent has proven by clear and convincing 27 evidence that the verdict compels the conclusion that the jury was 28 influenced by partiality, prejudice, mistake or corruption, and remitti- 29 tur or additur is necessary to avoid a complete miscarriage of justice. 30 In making such determination, the court shall not substitute its judg- 31 ment for the jury's, shall give primary weight to the remedial purpose 32 of the law, and shall not limit any award by inclusion in or exclusion 33 from any category of case or by using any characterizations of other 34 damage awards. In reviewing any such verdict in any case filed after the 35 effective date of this paragraph, the court shall not be bound by any 36 precedent which utilized the concept of material deviation from what 37 would be reasonable compensation, or a judge's personal knowledge or 38 experiences from prior cases. The evidence shall be reviewed in the 39 light most favorable to sustaining the verdict. A court should exercise 40 its authority to order a remittitur or additur only in the most excep- 41 tional of circumstances. 42 § 3. Subdivision 9 of section 297 of the executive law, as amended by 43 chapter 140 of the laws of 2022, is amended to read as follows: 44 9. (a) Any person claiming to be aggrieved by an unlawful discrimina- 45 tory practice shall have a cause of action in any court of appropriate 46 jurisdiction for damages, including, in cases of employment discrimi- 47 nation related to private employers and housing discrimination only, 48 punitive damages, and such other remedies as may be appropriate, includ- 49 ing any civil fines and penalties provided in subdivision four of this 50 section, unless such person had filed a complaint hereunder or with any 51 local commission on human rights, or with the superintendent pursuant to 52 the provisions of section two hundred ninety-six-a of this article, 53 provided that, where the division has dismissed such complaint on the 54 grounds of administrative convenience, on the grounds of untimeliness, 55 or on the grounds that the election of remedies is annulled, such person 56 shall maintain all rights to bring suit as if no complaint had beenA. 2865 3 1 filed with the division. At any time prior to a hearing before a hearing 2 examiner, a person who has a complaint pending at the division may 3 request that the division dismiss the complaint and annul his or her 4 election of remedies so that the human rights law claim may be pursued 5 in court, and the division may, upon such request, dismiss the complaint 6 on the grounds that such person's election of an administrative remedy 7 is annulled. Notwithstanding subdivision (a) of section two hundred four 8 of the civil practice law and rules, if a complaint is so annulled by 9 the division, upon the request of the party bringing such complaint 10 before the division, such party's rights to bring such cause of action 11 before a court of appropriate jurisdiction shall be limited by the stat- 12 ute of limitations in effect in such court at the time the complaint was 13 initially filed with the division. Any party to a housing discrimination 14 complaint shall have the right within twenty days following a determi- 15 nation of probable cause pursuant to subdivision two of this section to 16 elect to have an action commenced in a civil court, and an attorney 17 representing the division of human rights will be appointed to present 18 the complaint in court, or, with the consent of the division, the case 19 may be presented by complainant's attorney. A complaint filed by the 20 equal employment opportunity commission to comply with the requirements 21 of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) shall not 22 constitute the filing of a complaint within the meaning of this subdivi- 23 sion. No person who has initiated any action in a court of competent 24 jurisdiction or who has an action pending before any administrative 25 agency under any other law of the state based upon an act which would be 26 an unlawful discriminatory practice under this article, may file a 27 complaint with respect to the same grievance under this section or under 28 section two hundred ninety-six-a of this article. In cases of housing 29 discrimination only, a person whose complaint has been dismissed by the 30 division after investigation for lack of jurisdiction or lack of proba- 31 ble cause may file the same cause of action in a court of appropriate 32 jurisdiction pursuant to this section, unless judicial review of such 33 dismissal has been sought pursuant to section two hundred ninety-eight 34 of this article. The attorney general shall have the power to commence 35 an action or proceeding in the supreme court of the state of New York, 36 if, upon information or belief, the attorney general is of the opinion 37 that an employer has been, is, or is about to violate the provisions 38 regarding unlawful discriminatory retaliation pursuant to subdivision 39 seven of section two hundred ninety-six of this article. Nothing in this 40 section shall in any way limit rights or remedies which are otherwise 41 available under law to the attorney general or any other person author- 42 ized to bring an action under this section. 43 (b) A verdict involving an unlawful discriminatory practice under 44 section two hundred ninety-six of this article relating to employment, 45 including a claim by a non-employee under section two hundred ninety- 46 six-d of this article, shall not be subject to remittitur or additur, or 47 granting of a motion for new trial on the ground that the verdict was 48 excessive or inadequate, or otherwise reduced or increased, unless the 49 court finds that the party seeking remittitur or additur has made a 50 clear and convincing showing that compels the conclusion that the jury 51 was influenced by partiality, prejudice, mistake or corruption and that 52 remittitur or additur is necessary to avoid a complete miscarriage of 53 justice. In making such determination, a jury verdict shall be presumed 54 to be correct and entitled to substantial deference. The court shall not 55 substitute its judgment for the jury's, shall give primary weight to the 56 remedial purpose of the law, and shall not limit any award by inclusionA. 2865 4 1 in or exclusion from any category of case or any characterizations of 2 other damage awards. In reviewing any verdict in any case filed after 3 the effective date of this paragraph, the court shall not be bound by 4 any precedent which utilized the concept of material deviation from what 5 would be reasonable compensation. A court should exercise its authority 6 to order a remittitur or additur only in the most exceptional of circum- 7 stances. This provision is substantive in nature, as opposed to proce- 8 dural, and shall be so applied in any employment discrimination action 9 under this article, regardless of forum. 10 § 4. This act shall take effect immediately.
