Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 03, 2024 |
amended on third reading (t) 4467c |
Jun 03, 2024 |
vote reconsidered - restored to third reading returned to senate recalled from assembly |
May 06, 2024 |
referred to governmental operations delivered to assembly passed senate |
Mar 27, 2024 |
advanced to third reading |
Mar 26, 2024 |
2nd report cal. |
Mar 25, 2024 |
1st report cal.705 |
Jan 03, 2024 |
referred to investigations and government operations returned to senate died in assembly |
Jun 08, 2023 |
referred to governmental operations delivered to assembly passed senate |
Jun 05, 2023 |
amended on third reading 4467b |
Mar 16, 2023 |
advanced to third reading |
Mar 15, 2023 |
2nd report cal. |
Mar 13, 2023 |
1st report cal.487 |
Feb 24, 2023 |
print number 4467a |
Feb 24, 2023 |
amend and recommit to investigations and government operations |
Feb 09, 2023 |
referred to investigations and government operations |
Senate Bill S4467A
2023-2024 Legislative Session
Sponsored By
(D, WF) 37th Senate District
Current Bill Status - On Floor Calendar
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2023-S4467 - Details
- Law Section:
- Executive Law
- Laws Affected:
- Amd §292, Exec L
- Versions Introduced in 2021-2022 Legislative Session:
-
S7292
2023-S4467 - Sponsor Memo
BILL NUMBER: S4467 SPONSOR: MAYER TITLE OF BILL: An act to amend the executive law, in relation to clarifying the stand- ard for disparate treatment claims PURPOSE OR GENERAL IDEA OF BILL: To expand protections against retaliation by clarifying that discrimi- nation need only be a "motivating factor" to be illegal. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 292 of the executive law by adding a new subsection to clarify that the terms "because of" and "because" in disparate treatment cases mean the unlawful motive was a motivating factor, and that disparate impact method of proving liability shall not be precluded or limited as a result. Section 2 provides the effective date.
2023-S4467 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4467 2023-2024 Regular Sessions I N S E N A T E 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 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: Section 1. Section 292 of the executive law is amended by adding a new subdivision 42 to read as follows: 42. THE TERMS "BECAUSE OF" AND "BECAUSE" IN DISPARATE TREATMENT CASES MEAN THE UNLAWFUL MOTIVE WAS A MOTIVATING FACTOR. NOTHING IN THIS DEFI- NITION IS INTENDED TO PRECLUDE OR LIMIT USE OF THE DISPARATE IMPACT METHOD OF PROVING LIABILITY. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01175-02-3
2023-S4467A - Details
- Law Section:
- Executive Law
- Laws Affected:
- Amd §292, Exec L
- Versions Introduced in 2021-2022 Legislative Session:
-
S7292
2023-S4467A - Sponsor Memo
BILL NUMBER: S4467A SPONSOR: MAYER TITLE OF BILL: An act to amend the executive law, in relation to clarifying the stand- ard for disparate treatment claims PURPOSE OR GENERAL IDEA OF BILL: To expand protections against retaliation and age discrimination by clarifying that discrimination need only be a "motivating factor" to be illegal. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 292 of the executive law by adding a new subsection to clarify that the terms "because of," "because," and "by reason of" in disparate treatment cases, including retaliation cases, means the unlawful motive was a motivating factor, and that disparate impact method of proving liability shall not be precluded or limited as a result.
2023-S4467A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4467--A 2023-2024 Regular Sessions I N S E N A T E 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: Section 1. Section 292 of the executive law is amended by adding a new subdivision 42 to read as follows: 42. THE TERMS "BECAUSE OF", "BECAUSE", AND "BY REASON OF" IN DISPARATE TREATMENT CASES, INCLUDING RETALIATION CASES, MEAN THE UNLAWFUL MOTIVE WAS A MOTIVATING FACTOR. NOTHING IN THIS DEFINITION IS INTENDED TO PRECLUDE OR LIMIT USE OF THE DISPARATE IMPACT METHOD OF PROVING LIABIL- ITY. § 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
co-Sponsors
(D, WF) 52nd Senate District
2023-S4467B - Details
- Law Section:
- Executive Law
- Laws Affected:
- Amd §292, Exec L
- Versions Introduced in 2021-2022 Legislative Session:
-
S7292
2023-S4467B - Sponsor Memo
BILL NUMBER: S4467B SPONSOR: MAYER TITLE OF BILL: An act to amend the executive law, in relation to clarifying the stand- ard for disparate treatment claims PURPOSE OR GENERAL IDEA OF BILL: To expand protections against retaliation and age discrimination by clarifying that discrimination need only be a "motivating factor" to be illegal. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 292 of the executive law by adding a new subsection to clarify that the terms "because of," "because," and "by reason of" in disparate treatment cases, including retaliation cases, means the unlawful motive was a motivating factor, and that disparate impact method of proving liability shall not be precluded or limited as a result. The section also provides a definition of motivating factor.
2023-S4467B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4467--B Cal. No. 487 2023-2024 Regular Sessions I N S E N A T E 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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: Section 1. Section 292 of the executive law is amended by adding a new subdivision 42 to read as follows: 42. THE TERMS "BECAUSE OF", "BECAUSE", AND "BY REASON OF" IN DISPARATE TREATMENT CASES, INCLUDING RETALIATION CASES, MEAN THE UNLAWFUL MOTIVE WAS A MOTIVATING FACTOR. A "MOTIVATING FACTOR" MEANS THAN AN ADVERSE EMPLOYMENT DECISION OR ACTION WAS MORE LIKELY THAN NOT BASED IN WHOLE OR IN PART ON DISCRIMINATION. SUCH DISCRIMINATORY REASON FOR THE ADVERSE EMPLOYMENT ACTION OR DECISION NEED NOT BE THE SOLE REASON OR FACTOR FOR THE ADVERSE EMPLOYMENT ACTION OR DECISION. NOTHING IN THIS DEFINITION IS INTENDED TO PRECLUDE OR LIMIT USE OF THE DISPARATE IMPACT METHOD OF PROVING LIABILITY. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01175-05-3
co-Sponsors
(D, WF) 52nd Senate District
2023-S4467C (ACTIVE) - Details
- Law Section:
- Executive Law
- Laws Affected:
- Amd §292, Exec L
- Versions Introduced in 2021-2022 Legislative Session:
-
S7292
2023-S4467C (ACTIVE) - Sponsor Memo
BILL NUMBER: S4467C SPONSOR: MAYER TITLE OF BILL: An act to amend the executive law, in relation to clarifying the stand- ard for intentional discrimination or retaliation claims PURPOSE OR GENERAL IDEA OF BILL: To expand protections against retaliation and age discrimination by clarifying that discrimination need only be a "motivating factor" to be illegal. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 296 of the executive law by adding a new subsection 23 to clarify that in an intentional discrimination or retal- iation claim under this article it shall be sufficient to demonstrate that the unlawful motivation was a motivating factor, and not "the sole motivating factor" or the "but for cause."
2023-S4467C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4467--C Cal. No. 705 2023-2024 Regular Sessions I N S E N A T E February 9, 2023 ___________ Introduced by Sens. MAYER, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Commit- tee on Investigations and Government Operations in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the executive law, in relation to clarifying the stand- ard for intentional discrimination or retaliation claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 296 of the executive law is amended by adding a new subdivision 23 to read as follows: 23. NOTWITHSTANDING ANY FEDERAL OR LOCAL STATUTE TO THE CONTRARY, A PERSON OR PERSONS BRINGING INTENTIONAL DISCRIMINATION OR RETALIATION CLAIMS UNDER THIS ARTICLE SHALL BE REQUIRED TO PROVE THAT AN UNLAWFUL MOTIVATION WAS A MOTIVATING FACTOR AND NOT "THE SOLE MOTIVATING FACTOR" OR A "BUT-FOR CAUSE" OF THE CHALLENGED TREATMENT. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01175-10-4
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