Draft provision setting forth "private attorney general" standing
Definition of “eligible civil rights organization”
For the purposes of section ______ of this chapter, the term “eligible civil rights organization” means a not-for-profit organization that is recognized as exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code and whose primary mission is promoting on behalf of all persons the equal protection of the law and the enforcement of local, state and federal anti-discrimination statutes and regulations.Section _______. Private Attorney General.
(1) An eligible civil rights organization shall be deemed to be injured by an unlawful discriminatory practice, and shall have the right to file a complaintpursuant to section __________ or to commence an action pursuant section ______ when such organization:
(a) is deprived of truthful information because of the protected basis of the organization, its agents, or those persons with whom it associates or serves; or
(b) discovers through investigation that a covered entity is engaging or has engaged in an unlawful discriminatory practice, provided that the organization has either (i) expended funds to have conducted the investigation, or (ii) expended funds to have begun to attempt to remedy the covered entity’s unlawful discriminatory practice, regardless of whether the expenditure of funds as described in this paragraph represented a diversion of resources from other activities or represented part of the organization’s ongoing activities.(2) The measure of compensatory damages for an eligible civil rights organization which has standing pursuant to this section shall include the fair
market value of the efforts the organization has undertaken to investigate and remedy the unlawful discriminatory practice, plus a sum equal to that which the organization demonstrates remains necessary to remedy the unlawful discriminatory practice.
(3) Nothing in this section shall be construed to limit:
(a) the availability of equitable relief, civil penalties, punitive damages, costs, or attorneys’ fees in proceedings or actions where standing has been established pursuant to this section;
(b) any other rights that eligible civil rights organizations or other persons have under any provision of this title.
