NY State Senate Bill S4467A

Current Bill Status - On Floor Calendar

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2023	amended on third reading 4467b
Mar 16, 2023	advanced to third reading
Mar 15, 2023	2nd report cal.
Mar 13, 2023	1st report cal.487
Feb 24, 2023	print number 4467a
Feb 24, 2023	amend and recommit to investigations and government operations
Feb 09, 2023	referred to investigations and government operations

Votes

view votes

Mar 13, 2023 - Investigations and Government Operations committee Vote

S4467A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

S4467 - Details

Law Section:: Executive Law
Laws Affected:: Amd §292, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S7292

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.

S4467 - Sponsor Memo

 
BILL NUMBER: S4467

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the executive law, in relation to clarifying the stand-
ard for disparate treatment claims

 
PURPOSE OR GENERAL IDEA OF BILL:

To expand protections against retaliation by clarifying that discrimi-
nation need only be a "motivating factor" to be illegal.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 292 of the executive law by adding a new
subsection to clarify that the terms "because of" and "because" in
disparate treatment cases mean the unlawful motive was a motivating
factor, and that disparate impact method of proving liability shall not
be precluded or limited as a result.

Section 2 provides the effective date.

 
JUSTIFICATION:

Recent federal court decisions, including Bostock v. Clayton County,
have required that claims for age discrimination, and all claims for
retaliation, can only be established if "but-for" the discrimination,
the challenged action would not have taken place. For example, if the
complaint believes their hours were cut in an act of retaliation for
reporting sexual harassment, they must establish that their hours would
not have been cut but for their decision to report harassment.  Because
judges have decided to interpret the New York State Human Rights Law in
line with federal statute, this onerous standard has also been applied
to age discrimination and retaliation claims brought under state law.

The "but-for" standard is confusing to jurors and represents an unat-
tainable standard in many cases. In practice, it means that some level
of discrimination is acceptable if an employer can demonstrate other
reasons for their action. This bill will establish the more attainable
"motivating factor" standard which requires that the action was moti-
vated, at least in part, by discrimination or retaliation. This is the
current standard for disparate treatment claims of discrimination under
the federal Title VII of the Civil Rights Act. Accordingly, this change
will provide a uniform standard in all claims of retaliation and
discrimination.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

S4467A - Details

Law Section:: Executive Law
Laws Affected:: Amd §292, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S7292

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.

S4467A - Sponsor Memo

 
BILL NUMBER: S4467A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the executive law, in relation to clarifying the stand-
ard for disparate treatment claims

 
PURPOSE OR GENERAL IDEA OF BILL:

To expand protections against retaliation and age discrimination by
clarifying that discrimination need only be a "motivating factor" to be
illegal.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 292 of the executive law by adding a new
subsection to clarify that the terms "because of," "because," and "by
reason of" in disparate treatment cases, including retaliation cases,
means the unlawful motive was a motivating factor, and that disparate
impact method of proving liability shall not be precluded or limited as
a result.

Section 2 provides the effective date.

 
JUSTIFICATION:

Recent federal court decisions, including Bostock v. Clayton County,
have required that claims for age discrimination, and all claims for
retaliation, can only be established if "but-for" the discrimination,
the challenged action would not have taken place. For example, if the
complaint believes their hours were cut in an act of retaliation for
reporting sexual harassment, they must establish that their hours would
not have been cut but for their decision to report harassment.  Because
judges have decided to interpret the New York State Human Rights Law in
line with federal statute, this onerous standard has also been applied
to age discrimination and retaliation claims brought under state law.

The "but-for" standard is confusing to jurors and represents an unat-
tainable standard in many cases. In practice, it means that some level
of discrimination is acceptable if an employer can demonstrate other
reasons for their action. This bill will establish the more attainable
"motivating factor" standard which requires that the action was moti-
vated, at least in part, by discrimination or retaliation. This is the
current standard for disparate treatment claims of discrimination under
the federal Title VII of the Civil Rights Act. Accordingly, this change
will provide a uniform standard in all claims of retaliation and
discrimination.

 
PRIOR LEGISLATIVE HISTORY:

S7292 (2021-22): Passed Senate

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

S4467B (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §292, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S7292

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.

S4467B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4467B

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the executive law, in relation to clarifying the stand-
ard for disparate treatment claims

 
PURPOSE OR GENERAL IDEA OF BILL:

To expand protections against retaliation and age discrimination by
clarifying that discrimination need only be a "motivating factor" to be
illegal.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 292 of the executive law by adding a new
subsection to clarify that the terms "because of," "because," and "by
reason of" in disparate treatment cases, including retaliation cases,
means the unlawful motive was a motivating factor, and that disparate
impact method of proving liability shall not be precluded or limited as
a result. The section also provides a definition of motivating factor.

Section 2 provides the effective date.

 
JUSTIFICATION:

Recent federal court decisions, including Bostock v. Clayton County,
have required that claims for age discrimination, and all claims for
retaliation, can only be established if "but-for" the discrimination,
the challenged action would not have taken place. For example, if the
complaint believes their hours were cut in an act of retaliation for
reporting sexual harassment, they must establish that their hours would
not have been cut but for their decision to report harassment.  Because
judges have decided to interpret the New York State Human Rights Law in
line with federal statute, this onerous standard has also been applied
to age discrimination and retaliation claims brought under state law.

The "but-for" standard is confusing to jurors and represents an unat-
tainable standard in many cases. In practice, it means that some level
of discrimination is acceptable if an employer can demonstrate other
reasons for their action. This bill will establish the more attainable
"motivating factor" standard which requires that the action was moti-
vated, at least in part, by discrimination or retaliation. This is the
current standard for disparate treatment claims of discrimination under
the federal Title VII of the Civil Rights Act. Accordingly, this change
will provide a uniform standard in all claims of retaliation and
discrimination.

 
PRIOR LEGISLATIVE HISTORY:

S7292 (2021-22): Passed Senate

 
EFFECTIVE DATE:
This act shall take effect immediately.

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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The New York State Senate

senate Bill S4467A

Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Mar 13, 2023 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Mar 13, 2023

Bill Amendments

S4467 - Details

S4467 - Summary

S4467 - Sponsor Memo

S4467 - Bill Text download pdf

S4467A - Details

S4467A - Summary

S4467A - Sponsor Memo

S4467A - Bill Text download pdf

S4467B (ACTIVE) - Details

S4467B (ACTIVE) - Summary

S4467B (ACTIVE) - Sponsor Memo

S4467B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4467A

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Sponsored By

Shelley B. Mayer

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Mar 13, 2023 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Mar 13, 2023

Bill Amendments

S4467 - Details

S4467 - Summary

S4467 - Sponsor Memo

S4467 - Bill Text download pdf

S4467A - Details

S4467A - Summary

S4467A - Sponsor Memo

S4467A - Bill Text download pdf

S4467B (ACTIVE) - Details

S4467B (ACTIVE) - Summary

S4467B (ACTIVE) - Sponsor Memo

S4467B (ACTIVE) - Bill Text download pdf

Comments