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Assembly Bill A1396B

2023-2024 Legislative Session

Clarifies the standard for intentional discrimination or retaliation claims

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2023-A1396 - Details

See Senate Version of this Bill:
S4467
Current Committee:
Assembly Rules
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: A8274, S7292
2025-2026: A4992, S2447

2023-A1396 - Summary

Clarifies the standard for intentional discrimination or retaliation claims by requiring a person or persons prove that an unlawful motivation was a motivating factor and not "the sole motivating factor" or a "but-for cause" of the challenged treatment.

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 - Details

See Senate Version of this Bill:
S4467
Current Committee:
Assembly Rules
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: A8274, S7292
2025-2026: A4992, S2447

2023-A1396A - Summary

Clarifies the standard for intentional discrimination or retaliation claims by requiring a person or persons prove that an unlawful motivation was a motivating factor and not "the sole motivating factor" or a "but-for cause" of the challenged treatment.

2023-A1396A - 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

co-Sponsors

2023-A1396B (ACTIVE) - Details

See Senate Version of this Bill:
S4467
Current Committee:
Assembly Rules
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: A8274, S7292
2025-2026: A4992, S2447

2023-A1396B (ACTIVE) - Summary

Clarifies the standard for intentional discrimination or retaliation claims by requiring a person or persons prove that an unlawful motivation was a motivating factor and not "the sole motivating factor" or a "but-for cause" of the challenged treatment.

2023-A1396B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1396--B
 
                        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, DICKENS, DAVILA, REYES, SIMON -- read once  and  referred  to
   the Committee on Governmental Operations -- recommitted to the Commit-
   tee  on  Governmental  Operations  in accordance with Assembly Rule 3,
   sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said committee -- 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 intentional discrimination or retaliation claims
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 296 of the executive law is amended by adding a new
 subdivision 23 to read as follows:
   23.  NOTWITHSTANDING  ANY  FEDERAL OR LOCAL STATUTE TO THE CONTRARY, A
 PERSON OR PERSONS BRINGING  INTENTIONAL  DISCRIMINATION  OR  RETALIATION
 CLAIMS  UNDER  THIS  ARTICLE SHALL BE REQUIRED TO PROVE THAT AN UNLAWFUL
 MOTIVATION WAS A MOTIVATING FACTOR AND NOT "THE SOLE MOTIVATING  FACTOR"
 OR A "BUT-FOR CAUSE" OF THE CHALLENGED TREATMENT.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01175-09-4

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