Bill Text: NY S04085 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for the award of attorney's fees in actions under the human rights law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04085 Detail]
Download: New_York-2019-S04085-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4085 2019-2020 Regular Sessions IN SENATE February 27, 2019 ___________ Introduced by Sen. PARKER -- 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 providing for awards of attorney's fees in actions under the human rights law 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 chapter 364 of the laws of 2015, is amended to read as 3 follows: 4 10. [With respect to all cases of housing discrimination and housing5related credit discrimination in an action or proceeding at law under6this section or section two hundred ninety-eight of this article, the7commissioner or the court may in its discretion award reasonable attor-8ney's fees to any prevailing or substantially prevailing party; and with9respect to a claim of employment or credit discrimination where sex is a10basis of such discrimination, in] In an action or proceeding at law 11 under this section or section two hundred ninety-eight of this article, 12 the commissioner or the court [may in its discretion] shall award 13 reasonable attorney's fees attributable to such claim to any prevailing 14 [party; provided, however, that a prevailing respondent or defendant in15order to recover such reasonable attorney's fees must make a motion16requesting such fees and show that the action or proceeding brought was17frivolous; and further provided that in a proceeding brought in the18division of human rights, the commissioner may only award attorney's19fees as part of a final order after a public hearing held pursuant to20subdivision four of this section] plaintiff or complainant. In no case 21 shall attorney's fees be awarded to the division, nor shall the division 22 be liable to a prevailing or substantially prevailing party for attor- 23 ney's fees, except in a case in which the division is a party to the 24 action or the proceeding in the division's capacity as an employer. In EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09338-01-9S. 4085 2 1 cases of employment discrimination, a respondent shall only be liable 2 for attorney's fees under this subdivision if the respondent has been 3 found liable for having committed an unlawful discriminatory practice. 4 [In order to find the action or proceeding to be frivolous, the court or5the commissioner must find in writing one or more of the following:6(a) the action or proceeding was commenced, used or continued in bad7faith, solely to delay or prolong the resolution of the litigation or to8harass or maliciously injure another; or9(b) the action or proceeding was commenced or continued in bad faith10without any reasonable basis and could not be supported by a good faith11argument for an extension, modification or reversal of existing law. If12the action or proceeding was promptly discontinued when the party or13attorney learned or should have learned that the action or proceeding14lacked such a reasonable basis, the court may find that the party or the15attorney did not act in bad faith.] 16 § 2. This act shall take effect immediately.