assembly Bill A7101

2021-2022 Legislative Session

Relates to prohibiting certain retaliatory action against unlawful discriminatory practices by employers

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Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 22, 2021 referred to governmental operations

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A7101 (ACTIVE) - Details

See Senate Version of this Bill:
S5870
Law Section:
Executive Law
Laws Affected:
Amd §§296 & 297, Exec L

A7101 (ACTIVE) - Summary

Prohibits the release of personnel or employees as a retaliatory action against employees who complain or assist in proceedings involving unlawful discriminatory practices by employers.

A7101 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7101
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2021
                                ___________
 
 Introduced  by M. of A. GONZALEZ-ROJAS, QUART, GRIFFIN, HEVESI, ABINANTI
   -- read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation  to  retaliation  against
   certain unlawful discriminatory practices by employers
 
   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.
 RETALIATION MAY INCLUDE, BUT IS NOT LIMITED TO, DISCLOSING AN EMPLOYEE'S
 PERSONNEL  FILES  BECAUSE  HE OR SHE HAS OPPOSED ANY PRACTICES FORBIDDEN
 UNDER THIS ARTICLE OR BECAUSE HE OR SHE HAS FILED A COMPLAINT, TESTIFIED
 OR ASSISTED IN ANY PROCEEDING UNDER  THIS  ARTICLE,  EXCEPT  WHERE  SUCH
 DISCLOSURE  IS  MADE  IN  THE  COURSE  OF  COMMENCING OR RESPONDING TO A
 COMPLAINT IN ANY PROCEEDING UNDER THIS ARTICLE OR  ANY  OTHER  CIVIL  OR
 CRIMINAL  ACTION  OR  OTHER  JUDICIAL  OR  ADMINISTRATIVE  PROCEEDING AS
 PERMITTED BY APPLICABLE LAW.
   § 2. Subdivision 9 of section 297 of the executive law, as  separately
 amended  by  chapter 160 of the laws of 2019 and chapter 236 of the laws
 of 2020, is amended to read as follows:
   9. Any person claiming to be aggrieved by an  unlawful  discriminatory
 practice shall have a cause of action in any court of appropriate juris-
 diction  for  damages,  including, in cases of employment discrimination
 related to private employers and housing discrimination  only,  punitive
 damages,  and  such  other remedies as may be appropriate, including any
 civil fines and penalties provided in subdivision four of this  section,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.