S00758 Summary:

BILL NOS00758
 
SAME ASSAME AS A00113
 
SPONSORKENNEDY
 
COSPNSR
 
MLTSPNSR
 
Amd S297, Exec L
 
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.
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S00758 Actions:

BILL NOS00758
 
01/07/2015REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/06/2016REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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S00758 Committee Votes:

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S00758 Floor Votes:

There are no votes for this bill in this legislative session.
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S00758 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           758
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        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,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01545-01-5

        S. 758                              2
 
     1  upon such request, dismiss  the  complaint  on  the  grounds  that  such
     2  person's election of an administrative remedy is annulled. Notwithstand-
     3  ing  subdivision  (a)  of section two hundred four of the civil practice
     4  law  and  rules, if a complaint is so annulled by the division, upon the
     5  request of the party bringing such complaint before the  division,  such
     6  party's rights to bring such cause of action before a court of appropri-
     7  ate  jurisdiction  shall  be  limited  by  the statute of limitations in
     8  effect in such court at the time the complaint was initially filed  with
     9  the division. Any party to a housing discrimination complaint shall have
    10  the right within twenty days following a determination of probable cause
    11  pursuant  to  subdivision two of this section to elect to have an action
    12  commenced in a civil court, and an attorney representing the division of
    13  human rights will be appointed to present the complaint  in  court,  or,
    14  with  the  consent  of  the  division,  the  case  may  be  presented by
    15  complainant's attorney. A complaint filed by the equal employment oppor-
    16  tunity commission to comply with the requirements of 42  USC  2000e-5(c)
    17  and 42 USC 12117(a) and 29 USC 633(b) shall not constitute the filing of
    18  a  complaint  within  the meaning of this subdivision. No person who has
    19  initiated any action in a court of competent jurisdiction or who has  an
    20  action  pending  before any administrative agency under any other law of
    21  the state based upon an act which would be  an  unlawful  discriminatory
    22  practice  under  this  article, may file a complaint with respect to the
    23  same grievance under this section or under section two  hundred  ninety-
    24  six-a of this article.
    25    §  2.  This  act shall take effect on the thirtieth day after it shall
    26  have become a law.
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