Bill Text: NY A08842 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the awarding of attorney's fees under the human rights law; removes language relating to claims of credit discrimination where sex is a basis of such discrimination and claims of employment discrimination.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-07 - substituted by s7733 [A08842 Detail]

Download: New_York-2021-A08842-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8842

                   IN ASSEMBLY

                                    January 13, 2022
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Judiciary

        AN  ACT  to amend the executive law, in relation to attorney's fees with
          respect to claims of credit discrimination where sex is  a  basis  and
          certain claims of employment discrimination

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 10 of section 297  of  the  executive  law,  as
     2  amended  by  a  chapter  of  the laws of 2021 amending the executive law
     3  relating to providing for  the  award  of  attorney's  fees  and  expert
     4  witness  fees  in  appropriate  cases,  as proposed in legislative bills
     5  numbers S. 749 and A.  1899, is amended to read as follows:
     6    10. In an action or proceeding at law under this  section  or  section
     7  two  hundred ninety-eight of this article, the commissioner or the court
     8  may in its discretion award reasonable attorney's fees to any prevailing
     9  or substantially prevailing party; [and with respect to a claim of cred-
    10  it discrimination where sex is a basis of such discrimination, and  with
    11  respect  to  all  claims  of  employment  discrimination in an action or
    12  proceeding at law under this section or section two hundred ninety-eight
    13  of this article, the commissioner or the court  may  in  its  discretion
    14  award  reasonable  attorney's  fees  attributable  to  such claim to any
    15  prevailing party;] provided, however, that a  prevailing  respondent  or
    16  defendant  in order to recover such reasonable attorney's fees must make
    17  a motion requesting such fees and show that  the  action  or  proceeding
    18  brought was frivolous; and further provided that in a proceeding brought
    19  in  the division of human rights, the commissioner may only award attor-
    20  ney's fees as part of a final order after a public hearing held pursuant
    21  to subdivision four of this section. In no case shall attorney's fees be
    22  awarded to the division, nor shall the division be liable to a  prevail-
    23  ing  or  substantially prevailing party for attorney's fees, except in a
    24  case in which the division is a party to the action or the proceeding in
    25  the division's capacity as an employer.   Expert  witness  fees  may  be
    26  awarded  in  the same manner as attorney's fees.  In cases of employment
    27  discrimination, a respondent shall only be liable  for  attorney's  fees

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02894-02-2
        A. 8842                             2

     1  under  this  subdivision  if  the  respondent  has been found liable for
     2  having committed an unlawful discriminatory practice. In order  to  find
     3  the  action or proceeding to be frivolous, the court or the commissioner
     4  must find in writing one or more of the following:
     5    (a)  the  action or proceeding was commenced, used or continued in bad
     6  faith, solely to delay or prolong the resolution of the litigation or to
     7  harass or maliciously injure another; or
     8    (b) the action or proceeding was commenced or continued in  bad  faith
     9  without  any reasonable basis and could not be supported by a good faith
    10  argument for an extension, modification or reversal of existing law.  If
    11  the  action  or  proceeding  was promptly discontinued when the party or
    12  attorney learned or should have learned that the  action  or  proceeding
    13  lacked such a reasonable basis, the court may find that the party or the
    14  attorney did not act in bad faith.
    15    §  2.  This  act  shall  take  effect on the same date and in the same
    16  manner as a chapter of the laws  of  2021  amending  the  executive  law
    17  relating  to  providing  for  the  award  of  attorney's fees and expert
    18  witness fees in appropriate cases,  as  proposed  in  legislative  bills
    19  numbers S. 749 and A.  1899, takes effect.