New York Assembly Bill A01396 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 1396--A 2023-2024 Regular Sessions  IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. BICHOTTE HERMELYN, GONZALEZ-ROJAS, SHIMSKY, BURDICK -- read once and referred to the Committee on Governmental Operations -- recommitted to the Committee on Governmental Operations in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to clarifying the stand- ard for disparate treatment claims The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 292 of the executive law is amended by adding a new 2 subdivision 42 to read as follows: 3 42. The terms "because of", "because", and "by reason of" in disparate 4 treatment cases, including retaliation cases, mean the unlawful motive 5 was a motivating factor. A "motivating factor" means than an adverse 6 employment decision or action was more likely than not based in whole or 7 in part on discrimination. Such discriminatory reason for the adverse 8 employment action or decision need not be the sole reason or factor for 9 the adverse employment action or decision. Nothing in this definition is 10 intended to preclude or limit use of the disparate impact method of 11 proving liability. 12 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01175-06-3