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 |
senate Bill S4467A
Sponsored By
Shelley B. Mayer
(D, WF) 37th Senate District
Current Bill Status - On Floor Calendar
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Votes
Bill Amendments
S4467 - Details
- Law Section:
- Executive Law
- Laws Affected:
- Amd §292, Exec L
- Versions Introduced in 2021-2022 Legislative Session:
-
S7292
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.
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 - 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.
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) - 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.
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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.