STATE OF NEW YORK ________________________________________________________________________ 4467--A 2023-2024 Regular Sessions IN SENATE February 9, 2023 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- 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. Nothing in this definition is intended to 6 preclude or limit use of the disparate impact method of proving liabil- 7 ity. 8 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01175-03-3