S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2342
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the civil rights law, in relation to  actions  involving
   public petition and participation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Paragraph (b) of subdivision 1  of  section  70-a  of  the
 civil  rights  law,  as  added  by  chapter  767 of the laws of 1992, is
 amended to read as follows:
   (b) other compensatory damages may only be  recovered  upon  an  addi-
 tional  demonstration  that  the  action  involving  public petition and
 participation was commenced or continued for the purpose  of  harassing,
 intimidating,  punishing  or  otherwise  maliciously inhibiting the free
 exercise of speech, petition or association rights, OR RIGHTS UNDER  ANY
 FEDERAL,  STATE,  OR  LOCAL  LAW PREVENTING EMPLOYMENT DISCRIMINATION OR
 RETALIATION; and
   § 2.   Subdivision 1 of section 76-a  of  the  civil  rights  law,  as
 amended  by  chapter  250  of  the  laws  of 2020, is amended to read as
 follows:
   1. For purposes of this section:
   (a) An "action involving public petition and participation" is a claim
 based upon:
   (1) any communication in a place open to the public or a public  forum
 in  connection  with  an  issue  of  public  interest,  PROVIDED  THAT A
 PROTECTED ALLEGATION, AS DEFINED IN SUBPARAGRAPH  THREE  OF  THIS  PARA-
 GRAPH,  MADE  WITHIN THE CONTEXT OF EMPLOYMENT SHALL CONSTITUTE COMMUNI-
 CATION IN A PUBLIC FORUM; [or]
   (2) any other lawful conduct in furtherance of  the  exercise  of  the
 constitutional  right  of  free  speech  in  connection with an issue of
 public interest, or in furtherance of the exercise of the constitutional
 right of petition[.]; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03265-01-3
              

 A. 2342                             2
 
   (3) ANY "PROTECTED ALLEGATION," WHICH SHALL BE DEFINED AS  AN  ALLEGA-
 TION  MADE TO ANY EMPLOYER OR ITS AGENT BY A PERSON PROTECTED BY THE NEW
 YORK STATE HUMAN RIGHTS LAW OR THE NEW YORK CITY HUMAN  RIGHTS  LAW,  OR
 SUCH  PERSON'S  AGENT,  OF  EMPLOYMENT DISCRIMINATION, INCLUDING BUT NOT
 LIMITED  TO,  DISCRIMINATORY  HARASSMENT  AND/OR  RETALIATION, UNDER ANY
 FEDERAL, STATE, OR LOCAL LAW.
   (b) "Claim" includes any lawsuit, cause of action, cross-claim,  coun-
 terclaim, or other judicial pleading or filing requesting relief.
   (c)  "Communication"  shall mean any statement, claim, allegation in a
 proceeding, decision, protest, writing, argument,  contention  or  other
 expression.
   (d)  "Public  interest" shall be construed broadly, and shall mean any
 subject other than a purely private matter; PROVIDED  THAT  A  PROTECTED
 ALLEGATION,  AS  DEFINED  IN SUBPARAGRAPH THREE OF PARAGRAPH (A) OF THIS
 SUBDIVISION, SHALL NOT BE CONSIDERED A PURELY PRIVATE MATTER.
   § 3. This act shall take effect immediately and  shall  apply  to  all
 actions commenced on and after such effective date.