|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to investigations and government operations|
senate Bill S7192
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7192 (ACTIVE) - Details
S7192 (ACTIVE) - Summary
Relates to defining retaliatory acts in the workplace and establishing an affirmative defense; provides that an act shall be deemed retaliatory in the workplace if an aggrieved employee is treated less favorably than any other employee; provides an affirmative defense for employers.
S7192 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7192 SPONSOR: PERSAUD TITLE OF BILL: An act to amend the executive law, in relation to defining retaliatory acts in the workplace and establishing an affirma- tive defense PURPOSE: To strengthen the provisions of law protecting against retaliation by an employer against an employee who complains of discriminatory conduct to the State Division of Human Rights SUMMARY OF PROVISIONS: Section one provides that an employee who complains about discriminatory conduct to the State Division of Human Rights or otherwise opposes discriminatory practices within the workplace may not be retaliated against unless the employer can raise one of two new affirmative defenses. For purposes of this section, any treatment that is less favorable towards the claimant compared to any other employee shall be
S7192 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7192 I N S E N A T E (PREFILED) January 3, 2018 ___________ Introduced by Sen. PERSAUD -- 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 defining retaliatory acts in the workplace and establishing an affirmative defense THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 296 of the executive law, as amended by chapter 166 of the laws of 2000, is amended to read as follows: 7. It shall be an unlawful discriminatory practice for any person engaged in any activity to which this section applies to retaliate or discriminate against any person because he or she has opposed any prac- tices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article. FOR PURPOSES OF THIS SUBDIVISION, AN ACT SHALL BE DEEMED RETALIATORY IN THE WORKPLACE IF AN AGGRIEVED EMPLOYEE IS TREATED LESS FAVORABLY THAN ANY OTHER EMPLOYEE, PROVIDED THAT AN EMPLOYER MAY RAISE AN AFFIRMATIVE DEFENSE THAT: (A) THE EMPLOYER PLANNED TO DEMOTE, DISCHARGE, OR PENALIZE THE EMPLOYEE PRIOR TO LEARNING THAT THE EMPLOYEE HAD OPPOSED A PRACTICE FORBIDDEN UNDER THIS ARTICLE OR THE EMPLOYEE HAD FILED A COMPLAINT, TESTIFIED OR ASSISTED IN A PROCEEDING UNDER THIS ARTICLE, OR (B) THE EMPLOYER PROVES THAT ITS TREATMENT OF THE AGGRIEVED EMPLOYEE OCCURRED WITHOUT ANY CONSIDERATION TO THE EMPLOYEE'S OPPOSITION TO A PRACTICE FORBIDDEN UNDER THIS ARTICLE OR THE EMPLOYEE'S FILING OF A COMPLAINT, TESTIFYING OR ASSISTING IN A PROCEEDING UNDER THIS ARTICLE. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14052-01-7
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