Bill > S05065

This bill amends the New York State Executive Law to modify how attorneys' fees and costs are awarded in cases involving unlawful discriminatory practices. The bill changes existing law by requiring that in legal actions related to discrimination, the commissioner or court must award reasonable attorneys' fees and costs to a prevailing party who claims to have been subjected to an unlawful discriminatory practice. While the Division of Human Rights cannot receive attorneys' fees (except when it is an employer in the case), both plaintiffs and defendants may be eligible for fee awards under specific circumstances. For defendants, attorneys' fees can only be awarded if they can demonstrate that the original action was frivolous, which requires showing the action was commenced in bad faith, solely to delay resolution, harass, or was continued without reasonable legal basis. The bill also clarifies language around fee awards, including specifying that expert witness fees may be awarded similarly to attorneys' fees. This legislation aims to provide a more structured approach to compensating legal costs in discrimination cases while discouraging frivolous litigation. The changes will take effect 30 days after becoming law.

Government Affairs

https://www.nysenate.gov/legislation/bills/2025/S5065