top of page
A pen on a pile of documents

Damages and Attorney's Fees Continue to Rise in the NYS Division of Human Rights; Plus a Discussion of Recent Attorneys’ Fees Awards

Writer's picture: Joseph DierJoseph Dier

In prior blog posts, I discussed the rising number of discrimination complaints and the success rate of employees who file complaints with the NYS Division of Human Rights (DHR).  Although DHR has yet to release its annual report for the 2023-24 fiscal year, it did release a statement containing noteworthy data.


In FY 2023-24, DHR secured $8.1 million in damages and compensation for 903 complainants.  This represents a 21% increase in damages/compensation from FY 2022-23.  Interestingly, however, the number of complainants who secured damages/compensation decreased from more than 1,000 to 903.


DHR also ordered more than $854,000 in attorney’s fees to be paid by respondents.  This is important to note because gone are the days when an employer could escape a DHR determination solely with a damages award.  Now, if the complainant wishes to use private counsel, they are eligible to receive attorney’s fees regardless of the type of alleged discrimination.


DHR does not often have a chance to award a complainant attorney’s fees, but when it does, the result can be financially devastating for an employer.  Take a look at the following DHR decisions that ordered attorney’s fees to be paid by respondents:


  1. McPherson v. Wild Orchid Bar & Lounge (2022): DHR awarded more than $41,000 in attorney’s fees, which represented approximately 189 hours of work at hourly rates between $200-$400.


  2. Arroyo v. NY Internal Med. P.C. (2021): DHR awarded more than $15,000 in attorney’s fees, which represented 37.6 hours of work at approximately $415/hour.


  3. Truitt-Klein v. HPSA Acumen Inc. (2021): DHR awarded more than $20,000 in attorney’s fees, which represented approximately 52 hours of work for an attorney at $250/hour, and 103 hours at $75/hour for a paralegal.


  4. Cityvision Servs., Inc. v. Menands Gardens Apts. (2018): DHR awarded more than $16,000 in attorney’s fees, which represented approximately 38 hours of work at $425/hour.


Not to add insult to injury, but these figures don’t include the $2,000 to $20,000 in civil fines and penalties that were also assessed against the respondents in those cases, which will be discussed in detail in a future post.  I will also provide another update once DHR releases its annual report for FY 2023-24, which will hopefully include similar data as in past years.


0 comments

Comments

Rated 0 out of 5 stars.
No ratings yet

Add a rating
bottom of page