New York, NY, Wednesday, September 4, 2024 – 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 or marital status, or status as a victim of domestic violence in calculating all damage awards in civil litigation.

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.

Awards of damages in civil suits should be calculated and measured equitably. In 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 thanks Senator Nathalia Fernandez for recognizing the need for this important legislation and encourages an Assembly member to sponsor this legislation. Current law perpetuates discrimination and continues the systemic societal inequities that WBASNY as an organization seeks to end. WBASNY is excited to work towards securing the passage of this law and continuing to create a more equitable New York.

###

The Women’s Bar Association of the State of New York (WBASNY) is the professional membership organization of choice for nearly 4,000 attorneys throughout New York State and the largest statewide women’s bar association in the country. For more than four decades, WBASNY has been a singularly important resource for women lawyers, providing professional networking, continuing legal education programming, leadership training, and advocacy for the rights of women, children, and families. Through involvement with WBASNY’s 20 regional chapters and its 40-plus substantive law committees, WBASNY’s members collaborate with one another on a variety of issues and perform public and community service, in furtherance of its mission to promote the advancement of the status of women in society and women in the legal profession; to promote the fair and equal administration of justice; and to act as a unified voice for its members with respect to issues of statewide, national and international significance to women generally and women attorneys in particular. WBASNY holds United Nations NGO status with the U.N.’s Department of Public Information, and Special Consultative status in association with the U.N. Economic and Social Council (ECOSOC). WBASNY is also a founding member of the National Conference of Women’s Bar Associations.