Clarifies the standard for when a practice has a discriminatory effect; provides that an unlawful discriminatory practice may be established by such practice's discriminatory effect, even if such practice was not motivated by a discriminatory intent.
Impact
The implications of S08338 would standardize the criteria used to assess discriminatory practices across various employment cases. By allowing for the establishment of discrimination based solely on the effect of a practice, it expands the scope of potential claims against employers. This adjustment could lead to increased accountability for employers who may implement practices that unintentionally lead to discrimination, thereby enhancing protections for employees belonging to minority groups.
Summary
S08338 is a legislative proposal aimed at amending the Executive Law concerning employment discrimination in New York. The bill introduces a new standard for determining whether a practice constitutes an unlawful discriminatory practice based on its discriminatory effect, rather than the intent behind it. This means that a practice may be deemed discriminatory if it causes or is predicted to cause a disparate impact on a protected group, regardless of whether there was an intention to discriminate.
Contention
There are notable points of contention surrounding S08338. Critics might argue that the bill shifts the burden of proof in a way that could make it more challenging for employers to defend their practices, as they would need to demonstrate that their actions are necessary for business. Supporters, on the other hand, advocate that this change is essential for promoting equity in the workplace and addressing systemic discrimination. The debate centers on balancing the protections for workers with the need for businesses to maintain flexibility in their operational practices.
Same As
Clarifies the standard for when a practice has a discriminatory effect; provides that an unlawful discriminatory practice may be established by such practice's discriminatory effect, even if such practice was not motivated by a discriminatory intent.
Relates to the liability of an employee committing an unlawful discriminatory practice; creates joint and several liability for employers and employees responsible for unlawful discriminatory practices.
Relates to establishing unlawful discriminatory practices relating to models; requires models to be informed of what constitutes an unlawful discriminatory practice and how to file a complaint; requires modeling entities to provide adult models with educational materials regarding nutrition and eating disorders.
Relates to establishing unlawful discriminatory practices relating to models; requires models to be informed of what constitutes an unlawful discriminatory practice and how to file a complaint; requires modeling entities to provide adult models with educational materials regarding nutrition and eating disorders.