senate Bill S5870

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2021 referred to governmental operations
delivered to assembly
passed senate
May 19, 2021 advanced to third reading
May 12, 2021 2nd report cal.
May 11, 2021 1st report cal.1065
Mar 19, 2021 referred to investigations and government operations

Votes

view votes

May 11, 2021 - Investigations and Government Operations committee Vote

S5870
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: May 11, 2021

Co-Sponsors

S5870 (ACTIVE) - Details

See Assembly Version of this Bill:
A7101
Law Section:
Executive Law
Laws Affected:
Amd §§296 & 297, Exec L

S5870 (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.

S5870 (ACTIVE) - Sponsor Memo

S5870 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5870
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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