Position Statement – 2024

S.3517 (Fernandez)

Support

The Women’s Bar Association of the State of New York (“WBASNY”) ”) unequivocally supports S.3517 (Fernandez), amending the Civil Practice Laws and Rules to prohibit the consideration of a person’s race, creed, color, national origin, religion, sexual orientation, gender identity or expression, sex, familial status, marital status, or status as a victim of domestic violence in calculating judgments.

Specifically, this bill amends the Civil Practice Law and Rules by adding a new section 4550 to prohibit the court from basing damages for lost earnings or earning impairment on a person’s race, creed, color, national origin, religion, sexual orientation, gender identity or expression, sex, familial status, marital status, or status as a victim of domestic violence.

Historically, women and minorities have experienced significant disparities when Courts calculate civil damage awards, especially when income is used as a factor in connection with such determinations. Systemic societal inequities in the salaries of women and men and in minorities compared to white counterparts have caused such disparities. This legislation would require damages to be fairly valued and awarded regardless of race, creed, color, national origin, religion, sexual orientation, gender identity or expression, sex, familial status, marital status, or status as a victim of domestic violence.

Due to the gender pay gap, there continues to exist a significant pay disparity between men and women. Accordingly, when “computing” the worth of a woman versus a man in the same job with the same experience, on average, the man will more likely earn more. When damage computations are based on earned income, males will be awarded more than females as a result of the gender pay gap. Minorities similarly face pay discrimination and, accordingly, are also treated as having less value for purposes of determining damages. Furthermore, child rearing and work done at home, often considered “women’s work” are awarded little or no value in the calculation of damage awards.

The current law perpetuates the discrimination. Awards of damages in civil suits should be calculated and measured equitably. By relying on a person’s status as a protected class when calculating compensation, the courts are only compounding and continuing statutory discrimination. By removing the court’s ability to weigh such factors, this crucial legislation aims to level the playing field for all New Yorkers and moves us to a more just and equitable society.

WBASNY unequivocally supports S.3517(Fernandez) and urges the legislature to pass this important piece of legislation.