New York S 4175: Provides for the award of attorney fees in actions under the human rights law

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S04175 Summary:

BILL NOS04175 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Amd §297, Exec L

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Provides for the award of attorney's fees in actions under the human rights law.

Go to top S04175 Actions:

BILL NOS04175 

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02/03/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Go to topS04175 Committee&nbspVotes:

Go to topS04175 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04175 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4175

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 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 a
 8 prevailing respondent or defendant in order to recover such reasonable
 9 attorney's fees must make a motion requesting such fees and show that
 10 the action or proceeding brought was frivolous; and further provided
 11 that in a proceeding brought in the division of human rights, the
 12 commissioner may only award attorney's fees as part of a final order
 13 after a public hearing held pursuant to subdivision four of this
 14 section] 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 find
 23 the action or proceeding to be frivolous, the court or the commissioner
 24 must 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.
 LBD07772-01-5

 S. 4175 2

 1 (a) the action or proceeding was commenced, used or continued in bad
 2 faith, solely to delay or prolong the resolution of the litigation or to
 3 harass or maliciously injure another; or
 4 (b) the action or proceeding was commenced or continued in bad faith
 5 without any reasonable basis and could not be supported by a good faith
 6 argument for an extension, modification or reversal of existing law. If
 7 the action or proceeding was promptly discontinued when the party or
 8 attorney learned or should have learned that the action or proceeding
 9 lacked such a reasonable basis, the court may find that the party or the
 10 attorney did not act in bad faith.]
 11 § 2. This act shall take effect immediately.

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