INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

§ 297

Citation
§ 297
Parent Document
N.Y. Exec. Law § 297
Jurisdiction
New York (state)

Full Text

3,970 chars
c. Within one hundred eighty days after the commencement of such
hearing, a determination shall be made and an order served as
hereinafter provided. If, upon all the evidence at the hearing, the
commissioner shall find that a respondent has engaged in any unlawful
discriminatory practice as defined in this article, the commissioner
shall state findings of fact and shall issue and cause to be served on
such respondent an order, based on such findings and setting them forth,
and including such of the following provisions as in the judgment of the
division will effectuate the purposes of this article: (i) requiring
such respondent to cease and desist from such unlawful discriminatory
practice; (ii) requiring such respondent to take such affirmative
action, including (but not limited to) hiring, reinstatement or
upgrading of employees, with or without back pay, restoration to
membership in any respondent labor organization, admission to or
participation in a guidance program, apprenticeship training program,
on-the-job training program or other occupational training or retraining
program, the extension of full, equal and unsegregated accommodations,
advantages, facilities and privileges to all persons, granting the
credit which was the subject of any complaint, evaluating applicants for
membership in a place of accommodation without discrimination based on
race, creed, color, national origin, sex, disability or marital status,
and without retaliation or discrimination based on opposition to
practices forbidden by this article or filing a complaint, testifying or
assisting in any proceeding under this article; (iii) awarding of
compensatory damages to the person aggrieved by such practice; (iv)
awarding of punitive damages, in cases of employment discrimination
related to private employers, and, in cases of housing discrimination,
with damages in housing discrimination cases in an amount not to exceed
ten thousand dollars, to the person aggrieved by such practice; (v)
requiring payment to the state of profits obtained by a respondent
through the commission of unlawful discriminatory acts described in
subdivision three-b of section two hundred ninety-six of this article;
and (vi) assessing civil fines and penalties, in an amount not to exceed
fifty thousand dollars, to be paid to the state by a respondent found to
have committed an unlawful discriminatory act, or not to exceed one
hundred thousand dollars to be paid to the state by a respondent found
to have committed an unlawful discriminatory act which is found to be
willful, wanton or malicious; (vii) requiring a report of the manner of
compliance. If, upon all the evidence, the commissioner shall find that
a respondent has not engaged in any such unlawful discriminatory
practice, he or she shall state findings of fact and shall issue and
cause to be served on the complainant an order based on such findings
and setting them forth dismissing the said complaint as to such
respondent. A copy of each order issued by the commissioner shall be
delivered in all cases to the attorney general, the secretary of state,
if he or she has issued a license to the respondent, and such other
public officers as the division deems proper, and if any such order
issued by the commissioner concerns a regulated creditor, the
commissioner shall forward a copy of any such order to the
superintendent. A copy of any complaint filed against any respondent who
has previously entered into a conciliation agreement pursuant to
paragraph a of subdivision three of this section or as to whom an order
of the division has previously been entered pursuant to this paragraph
shall be delivered to the attorney general, to the secretary of state if
he or she has issued a license to the respondent and to such other
public officers as the division deems proper, and if any such respondent
is a regulated creditor, the commissioner shall forward a copy of any
such complaint to the superintendent.