New York Senate Bill S08036

New York 2025-2026 Regular Session

• Introduced: 5/15/25
• Refer: 5/15/25

Caption

Relates to liability for unlawful discriminatory practices based upon the conduct of an employee or agent; provides that an employer, licensing agency, employment agency, or labor organization shall be liable for an unlawful discriminatory practice based upon the conduct of an employee or agent where the employee or agent exercised managerial or supervisory responsibility or the conduct was carried out by a non-managerial or non-supervisory employee and such conduct was not stopped or corrected.

Impact

If enacted, S08036 will strengthen the legal framework surrounding workplace discrimination. It emphasizes the obligation of employers to be proactive in preventing and addressing discriminatory conduct, thereby increasing their liability in cases where such conduct occurs. The bill also establishes clear criteria for determining employer knowledge and responsibility, potentially leading to more accountability in workplaces across New York State.

Summary

Bill S08036 seeks to amend existing laws relating to liability for unlawful discriminatory practices in the workplace. Specifically, it dictates that employers, licensing agencies, employment agencies, and labor organizations can be held responsible for discrimination based on the actions of employees or agents. This applies to situations where the discriminatory behavior was exhibited by individuals in managerial or supervisory roles, or by non-managerial employees if the employer was aware of such conduct and did not take appropriate steps to address it.

Contention

Notable points of contention surrounding S08036 include concerns from business groups regarding the potential cost and complexity of compliance. Critics argue that the bill may expose employers to increased legal challenges, particularly in cases where they are held liable for actions taken by lower-level employees. Supporters, however, contend that it is a necessary measure to promote fair treatment in the workplace and ensure that employers take their responsibility seriously when it comes to preventing discrimination.