S T A T E O F N E W Y O R K
________________________________________________________________________
1697--A
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Judiciary -- recommitted to the Committee on Judiciary in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the civil practice law and rules, in relation to permit-
ting certain testimony and evidence by a person alleging discrimi-
nation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil practice law and rules is amended by adding a
new rule 4551 to read as follows:
RULE 4551. ADMISSIBILITY OF ALLEGATIONS OF DISCRIMINATION; HEARSAY
EXCEPTION. (A) WHEN USED IN THIS RULE, "DISCRIMINATION" SHALL MEAN ANY
UNLAWFUL DISCRIMINATORY PRACTICE PURSUANT TO ARTICLE FIFTEEN OF THE
EXECUTIVE LAW, INCLUDING UNLAWFUL DISCRIMINATORY PRACTICES BASED ON
RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, GENDER IDENTITY
OR EXPRESSION, MILITARY STATUS, AGE, SEX, MARITAL STATUS, CHILDBEARING
POTENTIAL, DISABILITY, OR FAMILIAL STATUS.
(B) IN A CIVIL ACTION, AT THE TRIAL OR UPON THE HEARING OF A MOTION OR
AN INTERLOCUTORY PROCEEDING, EVIDENCE THAT A PARTY ALLEGING DISCRIMI-
NATION, INCLUDING BUT NOT LIMITED TO SEXUAL HARASSMENT AND/OR MISCON-
DUCT, REPORTED SUCH DISCRIMINATION OR FACTS GIVING RISE TO AN INFERENCE
OF SUCH DISCRIMINATION TO ANOTHER PERSON, INCLUDING EVIDENCE CONCERNING
THE CONTENTS OF SUCH REPORT OR STATEMENT OF FACTS, MAY BE ADMITTED AS AN
EXCEPTION TO THE INADMISSIBILITY OF HEARSAY TO SUPPORT THE ALLEGATION
THAT DISCRIMINATION OCCURRED.
(C) FOR EVIDENCE OF A REPORT OR STATEMENT TO BE ADMISSIBLE UNDER THIS
RULE, SUCH REPORT OR STATEMENT MUST HAVE BEEN MADE BEFORE THE LAST
ADVERSE ACTION COMPLAINED OF IS TAKEN, OR PROMPTLY AFTER SUCH ACTION IS
TAKEN. PROMPTNESS SHALL BE DETERMINED BY ALL FACTS AND CIRCUMSTANCES,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05775-03-3
A. 1697--A 2
GIVING DUE REGARD TO THE SENSITIVITY OF THE SUBJECT MATTER, THE MENTAL
STATE OF THE PARTY ALLEGING DISCRIMINATION, OR ANY OTHER RELEVANT INFOR-
MATION.
(D) THE PROPONENT OF SUCH EVIDENCE HAS THE BURDEN OF DEMONSTRATING
THAT THE REPORTING WAS MADE UNDER CIRCUMSTANCES WHICH RENDER IT REASON-
ABLY RELIABLE.
(E) THIS RULE IS ONLY APPLICABLE IN CIVIL MATTERS AND SHALL NOT APPLY
IN CRIMINAL PROCEEDINGS.
§ 2. This act shall take effect immediately and apply to all actions
filed on or after such effective date.