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Assembly Bill A2617

2023-2024 Legislative Session

Defines retaliatory acts in the workplace and establishes an affirmative defense

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Archive: Last Bill Status - In Assembly Committee

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2023-A2617 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in 2021-2022 Legislative Session:
A4659

2023-A2617 (ACTIVE) - Summary

Relates to defining retaliatory acts in the workplace and establishing an affirmative defense; provides that an act shall be deemed retaliatory in the workplace if an aggrieved employee is treated less favorably than any other employee; provides an affirmative defense for employers.

2023-A2617 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2617
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  defining  retaliatory
   acts in the workplace and establishing an affirmative defense
 
   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  140  of  the  laws  of 2022, 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[,]: (A) 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] PROVIDED THAT AN EMPLOYER MAY RAISE AN AFFIRMATIVE  DEFENSE  THAT
 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; OR (B) TREATING AN EMPLOYEE LESS  FAVORABLY
 THAN ANY OTHER EMPLOYEE, PROVIDED THAT AN EMPLOYER MAY RAISE AN AFFIRMA-
 TIVE  DEFENSE  THAT:  (I)  THE EMPLOYER PLANNED TO DEMOTE, DISCHARGE, OR
 PENALIZE THE EMPLOYEE PRIOR TO LEARNING THAT THE EMPLOYEE HAD OPPOSED  A
 PRACTICE  FORBIDDEN  UNDER  THIS  ARTICLE  OR  THE  EMPLOYEE HAD FILED A
 COMPLAINT, TESTIFIED OR ASSISTED IN A PROCEEDING UNDER THIS ARTICLE,  OR
 (II)  THE  EMPLOYER  PROVES THAT ITS TREATMENT OF THE AGGRIEVED EMPLOYEE
 OCCURRED WITHOUT ANY CONSIDERATION TO THE  EMPLOYEE'S  OPPOSITION  TO  A
 PRACTICE  FORBIDDEN  UNDER  THIS  ARTICLE  OR THE EMPLOYEE'S FILING OF A
 COMPLAINT, TESTIFYING OR ASSISTING IN A PROCEEDING UNDER THIS ARTICLE.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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