senate Bill S7192

2017-2018 Legislative Session

Relates to defining retaliatory acts in the workplace and establishing an affirmative defense

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to investigations and government operations

Co-Sponsors

S7192 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S1051

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

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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