New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 465 - Rules Of Practice › Section 465.15 - Division initiated settlements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The general counsel, or his or her
				designee may, at any time after a finding of probable cause, endeavor to
				achieve settlement of a case by proposing a settlement to the respondent which,
				if agreed to by respondent, will be proposed to complainant, who must agree to
				such settlement proposal or reject it for sufficient reasons stated in
				objections. If the proposed settlement is agreed to by respondent and rejected
				by complainant without sufficient reasons, the case will be dismissed for
				administrative convenience or an equitable order will be recommended.
(b) The general counsel may, in his or her
				discretion, determine that a case is appropriate for a division initiated
				settlement. He or she shall set a settlement value for the case in the form of
				a lump sum dollar amount, or by such other formula as may be appropriate, and
				shall formulate such other terms as would provide an appropriate resolution of
				the case. The settlement value may be the same as an offer of settlement
				previously made by a party and rejected by the opposing party.
(c) After the settlement has been formulated,
				a letter setting forth all the proposed terms of the division initiated
				settlement will be sent to the respondent, along with such other information as
				is necessary to explain the division initiated settlement process. Respondent
				shall have a specified time in which to indicate whether respondent will agree
				to such settlement.
(d) If the
				respondent agrees to the terms of the division initiated settlement, then the
				settlement terms, and the explanation of the division initiated settlement
				process shall be sent to the complainant. The complainant shall have a stated
				time period in which to agree to the settlement or submit written objections
				thereto. The objections shall be specific and in detail.
(e) After consideration of complainant's
				objections, the general counsel shall either accept the objections and refer
				the case on for hearing, or shall reject the objections and provide complainant
				with an additional period of time to accept the settlement.
(f) If the complainant does not agree to a
				settlement within the allotted time, and the complainant's objections are not
				accepted by the general counsel, then the case may be dismissed for
				administrative convenience, or upon request of the respondent, the general
				counsel may issue a recommended equitable order, for the commissioner's
				consideration, providing that the respondent will pay the complainant the
				amount proposed in the settlement and dismissing the complaint on the
				merits.
(g) In determining the
				settlement value of the case, and the other terms of settlement to be proposed,
				and in evaluating the reasonableness of a complainant's objections, the general
				counsel shall consider, among other things, the following:
(1) the probability of success after
				hearing;
(2) the amount of
				complainant's economic loss, and respondent's degree of responsibility
				therefor;
(3) in appropriate cases,
				the evidence of the amount of complainant's mental pain and
				suffering;
(4) the egregiousness of
				the discrimination charged; and
(5)
				whether the public interest requires the continuation of the
				proceedings.