Assembly Bill A1396A

2023-2024 Legislative Session

Clarifies the standard for disparate treatment claims

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Sponsored By

Current Bill Status - In Assembly Committee

  • 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

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Bill Amendments

co-Sponsors

2023-A1396 - Details

See Senate Version of this Bill:
S4467
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §292, Exec L
Versions Introduced in 2021-2022 Legislative Session:
A8274, S7292

2023-A1396 - Summary

Clarifies the standard for disparate treatment claims by defining the terms "because of", "because", "by reason of", and "motivating factor" for the purposes of disparate treatment cases.

2023-A1396 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1396
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Governmental 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

co-Sponsors

2023-A1396A (ACTIVE) - Details

See Senate Version of this Bill:
S4467
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §292, Exec L
Versions Introduced in 2021-2022 Legislative Session:
A8274, S7292

2023-A1396A (ACTIVE) - Summary

Clarifies the standard for disparate treatment claims by defining the terms "because of", "because", "by reason of", and "motivating factor" for the purposes of disparate treatment cases.

2023-A1396A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1396--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BICHOTTE HERMELYN,  GONZALEZ-ROJAS, SHIMSKY,
   BURDICK -- read once and referred to  the  Committee  on  Governmental
   Operations  -- recommitted to the Committee on Governmental Operations
   in accordance with Assembly Rule 3, sec. 2  --  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.   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.
                                                            LBD01175-06-3

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