Assembly Bill A10663

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10663
 
                           I N  A S S E M B L Y
 
                              March 20, 2026
                                ___________
 
 Introduced by M. of A. WRIGHT -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend  the  executive law, in relation to providing for the
   establishment of a nexus with the state of New York relating to unlaw-
   ful discriminatory practices
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 300 of the executive law, as amended by chapter 160
 of the laws of 2019, is amended to read as follows:
   § 300. Construction.  1.  The  provisions  of  this  article  shall be
 construed liberally for the  accomplishment  of  the  remedial  purposes
 thereof,  regardless  of  whether  federal  civil rights laws, including
 those laws with provisions worded comparably to the provisions  of  this
 article,  have  been so construed. Exceptions to and exemptions from the
 provisions of this article shall be construed narrowly in order to maxi-
 mize deterrence of discriminatory conduct.  Nothing  contained  in  this
 article  shall  be  deemed  to repeal any of the provisions of the civil
 rights law or any other law of this state  relating  to  discrimination;
 but,  as  to acts declared unlawful by section two hundred ninety-six of
 this article, the procedure herein provided  shall,  while  pending,  be
 exclusive;  and  the final determination therein shall exclude any other
 state civil action  based  on  the  same  grievance  of  the  individual
 concerned. If such individual institutes any action based on such griev-
 ance without resorting to the procedure provided in this article, [he or
 she]  SUCH INDIVIDUAL may not subsequently resort to the procedure here-
 in.
   2. WITH REGARD TO THE PORTIONS OF THIS ARTICLE REGULATING THE  CONDUCT
 OF  EMPLOYERS,  LICENSING  AGENTS, LABOR ORGANIZATIONS AND EMPLOYEES AND
 AGENTS THEREOF, THERE SHALL BE NO REQUIREMENT THAT AN UNLAWFUL DISCRIMI-
 NATORY PRACTICE HAVE AN IMPACT IN THE STATE OF NEW YORK TO BE SUBJECT TO
 THE PROVISIONS OF THIS ARTICLE; PROVIDED,  HOWEVER,  THAT  THE  UNLAWFUL
 DISCRIMINATORY  PRACTICE SHALL HAVE A SUFFICIENT NEXUS WITH THE STATE OF
 NEW YORK. ANY UNLAWFUL DISCRIMINATORY  PRACTICE  INVOLVING  A  DECISION,
 ACTION  OR  FAILURE  TO  ACT, OR PROMULGATION OR MAINTENANCE OF A POLICY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14903-01-6
 A. 10663                            2
 
 THAT HAS A SUFFICIENT NEXUS WITH THE STATE OF NEW YORK SHALL BE ACTIONA-
 BLE UNDER THE RELEVANT PROVISIONS OF THIS ARTICLE.
   3.  FOR  PURPOSES  OF  THIS  SECTION, "CONDUCT" INCLUDES ANY ALLEGEDLY
 UNLAWFUL DISCRIMINATORY PRACTICE INVOLVING A DECISION, ACTION OR FAILURE
 TO ACT, OR PROMULGATION OR MAINTENANCE OF A POLICY.
   4. CONDUCT UNDER THIS ARTICLE SHALL BE DEEMED  TO  HAVE  A  SUFFICIENT
 NEXUS WITH THE STATE OF NEW YORK WHERE:
   A.  THE  PERSON AGGRIEVED IS A RESIDENT INDIVIDUAL IN THE STATE OF NEW
 YORK DURING SOME PORTION OF THE TIME DURING WHICH THE  ALLEGED  UNLAWFUL
 DISCRIMINATORY  PRACTICE  OCCURRED,  REGARDLESS  OF  WHERE  THE  CONDUCT
 OCCURRED;
   B. THE CONDUCT IN QUESTION IS RELATED TO EMPLOYMENT OR AN  INDEPENDENT
 CONTRACTOR  RELATIONSHIP LOCATED IN THE STATE OF NEW YORK, REGARDLESS OF
 WHETHER THE PERSON AGGRIEVED IS A RESIDENT INDIVIDUAL IN  THE  STATE  OF
 NEW YORK, AND ALSO REGARDLESS OF WHERE THE CONDUCT IN QUESTION OCCURRED;
 OR
   C.  THE  CONDUCT  OCCURRED,  IN  WHOLE OR IN PART, IN THE STATE OF NEW
 YORK, REGARDLESS OF WHERE THE PERSON AGGRIEVED EXPERIENCED ITS IMPACT.
   5. FOR THE PURPOSES  OF  PARAGRAPH  B  OF  SUBDIVISION  FOUR  OF  THIS
 SECTION, EMPLOYMENT OR AN INDEPENDENT CONTRACTOR RELATIONSHIP LOCATED IN
 WHOLE  OR  IN  PART IN THE STATE OF NEW YORK SHALL INCLUDE CIRCUMSTANCES
 WHERE THE JOB OR CONTRACT INVOLVES:
   A. EMPLOYMENT-RELATED PERIODIC PHYSICAL PRESENCE IN AN OFFICE OR OTHER
 FACILITY IN THE STATE OF NEW YORK, EVEN  WHERE  SUCH  EMPLOYMENT-RELATED
 PERIODIC PHYSICAL PRESENCE IS INFREQUENT;
   B. SERVICES TO BE PERFORMED REGULARLY IN THE STATE OF NEW YORK; OR
   C.  THE  EXISTENCE  OF  A  REPORTING  RELATIONSHIP  BETWEEN THE PERSON
 AGGRIEVED AND AN EMPLOYEE OR AGENT OF THE EMPLOYER WHERE  SUCH  EMPLOYEE
 OR AGENT OF THE EMPLOYER IS SUBJECT TO EMPLOYMENT-RELATED PERIODIC PHYS-
 ICAL  PRESENCE  IN AN OFFICE OR OTHER FACILITY IN THE STATE OF NEW YORK,
 EVEN WHERE SUCH EMPLOYMENT-RELATED PERIODIC PHYSICAL PRESENCE IS  INFRE-
 QUENT.
   6. CONDUCT UNDER THIS ARTICLE MAY BE DEEMED TO HAVE A SUFFICIENT NEXUS
 WITH  THE  STATE  OF  NEW  YORK WHERE A FACTFINDER IS PERSUADED BY OTHER
 FACTS AND CIRCUMSTANCES PRESENTED BY THE PERSON AGGRIEVED  THAT  SUCH  A
 NEXUS EXISTS.
   7.  IT  IS  AN  AFFIRMATIVE  DEFENSE AGAINST A FINDING OF A SUFFICIENT
 NEXUS WITH THE STATE OF NEW YORK BASED ON  PARAGRAPH  A  OF  SUBDIVISION
 FOUR OF THIS SECTION WHERE THE RESPONDENT OR DEFENDANT DEMONSTRATES THAT
 THE RESPONDENT OR DEFENDANT:
   A. WAS NOT AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW YORK;
   B. DID NOT IN FACT DO BUSINESS IN THE STATE OF NEW YORK; AND
   C. WAS NOT A RESIDENT OF THE STATE OF NEW YORK.
   8.  IT  IS  AN  AFFIRMATIVE  DEFENSE AGAINST A FINDING OF A SUFFICIENT
 NEXUS WITH THE STATE OF NEW YORK BASED ON  PARAGRAPH  C  OF  SUBDIVISION
 FIVE OF THIS SECTION WHERE THE RESPONDENT OR DEFENDANT DEMONSTRATES THAT
 THE PARTICIPATION OF A DECISION OR POLICY MAKER IN THE STATE OF NEW YORK
 WITH  RESPECT TO THE DECISION OR POLICY AT ISSUE WAS TRANSIENT AND INCI-
 DENTAL TO THE DECISION MADE OR POLICY CREATED OR MAINTAINED.
   § 2. This act shall take effect immediately.