Although it offers special defenses as discussed in our blog accessible through https://milettilaw.com/new-york-state-human-rights-law-nyshrl-special-defenses/, the NYSHRL also provides varying types of remedies to a party (a plaintiff or complainant) that may prevail in a lawsuit brought under it. Some of these remedies include:

  1. Compensatory Damages

Pursuant to N.Y. Exec. Law § 297(4)(c)(iii), the prevailing party may receive compensatory damages awarded by the New York State Division of Human Rights (NYSDHR).

  1. Economic Damages

Pursuant to N.Y. Exec. Law § 297(4)(c)(ii), the prevailing party may also receive back pay awarded by the NYSDHR.

  1. Equitable Relief

The NYSDHR may, as a way of effectuating the mandate of the NYSHRL and pursuant to N.Y. Exec. Law § 297(4)(c)(i), (4)(c)(ii), (4)(c)(vii), enter an order (1) requiring an employer to take affirmative action, including, but not limited to (a) promotion, reinstatement, or hiring and (b) permitting participation in or admission to a re-training program, on-the-job training program, training program, apprenticeship, guidance program, or other lawfully recognized occupational program(s), (2) requiring a report on how the employer has complied, and (3) requiring the employer to desist and cease from unlawful discriminatory practice(s).

  1. Attorney’s Fees and Costs

Additionally, pursuant to N.Y. Exec. Law § 297(10).Y. Exec. Law § 297, a prevailing party may also receive reasonable attorney’s fees, through an order of the NYSDHR or courts. However, the prevailing party must meet several critical requirements, including (1) must show that the action in question was brought in a frivolous manner, (2) must make a motion requesting such fees, and (3) must be a defendant or respondent.

  1. Punitive Damages

Further, pursuant to N.Y. Exec. Law § 297(4)(c), punitive damages may also be awarded to the prevailing party by a court or the NYSDHR.

  1. Additional Remedies

The NYSHRL also provides additional remedies to prevailing parties pursuant to N.Y. Exec. Law § 297(4)(c)(vi). For instance, the NYSDHR may, as a way of effectuating the mandate of the NYSHR, assess civil penalties up to (1) $50000 if the lawsuit concerns unlawful discrimination conduct or (2) $100000 is the lawsuit concerns an unlawful discrimination conduct that the employer maliciously, wantonly, or willfully committed.

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Isaac T.,

Legal Writer, Author, & Publisher.