Bill Text: NY S05767 | 2023-2024 | 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) 2024-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S05767 Detail]
Download: New_York-2023-S05767-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5767 2023-2024 Regular Sessions IN SENATE March 15, 2023 ___________ 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 154 of the laws of 2022, is amended to read as 3 follows: 4 10. In an action or proceeding at law under this section or section 5 two hundred ninety-eight of this article, the commissioner or the court 6 [may in its discretion] shall award reasonable attorney's fees to any 7 prevailing or substantially prevailing [party; provided, however, that a8prevailing respondent or defendant in order to recover such reasonable9attorney's fees must make a motion requesting such fees and show that10the action or proceeding brought was frivolous; and further provided11that in a proceeding brought in the division of human rights, the12commissioner may only award attorney's fees as part of a final order13after a public hearing held pursuant to subdivision four of this14section] plaintiff or complainant. In no case shall attorney's fees be 15 awarded to the division, nor shall the division be liable to a prevail- 16 ing or substantially prevailing party for attorney's fees, except in a 17 case in which the division is a party to the action or the proceeding in 18 the division's capacity as an employer. Expert witness fees may be 19 awarded in the same manner as attorney's fees. In cases of employment 20 discrimination, a respondent shall only be liable for attorney's fees 21 under this subdivision if the respondent has been found liable for 22 having committed an unlawful discriminatory practice. [In order to find23the action or proceeding to be frivolous, the court or the commissioner24must find in writing one or more of the following:EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06021-01-3S. 5767 2 1(a) the action or proceeding was commenced, used or continued in bad2faith, solely to delay or prolong the resolution of the litigation or to3harass or maliciously injure another; or4(b) the action or proceeding was commenced or continued in bad faith5without any reasonable basis and could not be supported by a good faith6argument for an extension, modification or reversal of existing law. If7the action or proceeding was promptly discontinued when the party or8attorney learned or should have learned that the action or proceeding9lacked such a reasonable basis, the court may find that the party or the10attorney did not act in bad faith.] 11 § 2. This act shall take effect immediately.