Senate Bill S4467B

2023-2024 Legislative Session

Clarifies the standard for disparate treatment claims

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Current Bill Status - In Senate Committee Investigations And Government Operations 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

2023-S4467 - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §292, Exec L
Versions Introduced in 2021-2022 Legislative Session:
S7292

2023-S4467 - 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-S4467 - Sponsor Memo

2023-S4467 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4467
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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



              

2023-S4467A - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §292, Exec L
Versions Introduced in 2021-2022 Legislative Session:
S7292

2023-S4467A - 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-S4467A - Sponsor Memo

2023-S4467A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4467--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  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. NOTHING  IN  THIS  DEFINITION  IS  INTENDED  TO
 PRECLUDE  OR LIMIT USE OF THE DISPARATE IMPACT METHOD OF PROVING LIABIL-
 ITY.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01175-03-3



              

2023-S4467B (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §292, Exec L
Versions Introduced in 2021-2022 Legislative Session:
S7292

2023-S4467B (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-S4467B (ACTIVE) - Sponsor Memo

2023-S4467B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4467--B
     Cal. No. 487
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  committee  discharged,  bill  amended,   ordered
   reprinted  as  amended  and  recommitted to said committee -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 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.
                                                            LBD01175-05-3



              

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