Assembly Bill A8699A

2025-2026 Legislative Session

Clarifies the standard for when a practice has a discriminatory effect

download bill text pdf

Sponsored By

Current Bill Status Via S8338 - On Floor Calendar

  • 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

2025-A8699 - Details

See Senate Version of this Bill:
S8338
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L

2025-A8699 - Summary

Clarifies the standard for when a practice has a discriminatory effect; provides that an unlawful discriminatory practice may be established by such practice's discriminatory effect, even if such practice was not motivated by a discriminatory intent.

2025-A8699 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8699
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 30, 2025
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to clarifying the  stand-
   ard for when a practice has a discriminatory effect
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 296 of the executive law is amended by adding a new
 subdivision 5-a to read as follows:
   5-A. (A) FOR ANY CASE ALLEGING EMPLOYMENT  DISCRIMINATION  UNDER  THIS
 ARTICLE,  AN  UNLAWFUL  DISCRIMINATORY  PRACTICE MAY BE ESTABLISHED BY A
 PRACTICE'S DISCRIMINATORY EFFECT, EVEN IF SUCH PRACTICE  WAS  NOT  MOTI-
 VATED  BY  A  DISCRIMINATORY INTENT. THE PRACTICE MAY STILL BE LAWFUL IF
 SUPPORTED BY A LEGALLY SUFFICIENT JUSTIFICATION, AS DEFINED IN PARAGRAPH
 (C) OF THIS SUBDIVISION.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, A PRACTICE HAS A DISCRIMINA-
 TORY EFFECT WHERE IT ACTUALLY OR  PREDICTABLY  RESULTS  IN  A  DISPARATE
 IMPACT  ON  A  GROUP OF PERSONS, BECAUSE OF RACE, CREED, COLOR, NATIONAL
 ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS,  SEXUAL  ORIENTATION,  GENDER
 IDENTITY  OR  EXPRESSION, MILITARY STATUS, SEX, AGE, DISABILITY, MARITAL
 STATUS, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, LAWFUL SOURCE OF INCOME
 OR FAMILIAL.
   (C) (I) A LEGALLY SUFFICIENT JUSTIFICATION EXISTS WHERE THE CHALLENGED
 PRACTICE:
   (A) IS NECESSARY TO  ACHIEVE  ONE  OR  MORE  SUBSTANTIAL,  LEGITIMATE,
 NONDISCRIMINATORY INTERESTS OF THE RESPONDENT; AND
   (B) THOSE INTERESTS COULD NOT BE SERVED BY ANOTHER PRACTICE THAT HAS A
 LESS DISCRIMINATORY EFFECT.
   (II) A LEGALLY SUFFICIENT JUSTIFICATION SHALL BE SUPPORTED BY EVIDENCE
 AND  MAY  NOT  BE  HYPOTHETICAL OR SPECULATIVE. THE BURDENS OF PROOF FOR
 ESTABLISHING EACH OF THE TWO ELEMENTS OF A LEGALLY SUFFICIENT JUSTIFICA-
 TION ARE SET FORTH IN PARAGRAPH (D) OF THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13283-01-5

co-Sponsors

2025-A8699A (ACTIVE) - Details

See Senate Version of this Bill:
S8338
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L

2025-A8699A (ACTIVE) - Summary

Clarifies the standard for when a practice has a discriminatory effect; provides that an unlawful discriminatory practice may be established by such practice's discriminatory effect, even if such practice was not motivated by a discriminatory intent.

2025-A8699A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8699--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 30, 2025
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Governmental Operations -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the executive law, in relation to clarifying the stand-
   ard for when a practice has a discriminatory effect

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 296 of the executive law is amended by adding a new
 subdivision 5-a to read as follows:
   5-A.  (A)  FOR  ANY CASE ALLEGING EMPLOYMENT DISCRIMINATION UNDER THIS
 ARTICLE, AN UNLAWFUL DISCRIMINATORY PRACTICE MAY  BE  ESTABLISHED  BY  A
 PRACTICE'S  DISCRIMINATORY  EFFECT,  EVEN IF SUCH PRACTICE WAS NOT MOTI-
 VATED BY A DISCRIMINATORY INTENT. THE PRACTICE MAY STILL  BE  LAWFUL  IF
 SUPPORTED BY A LEGALLY SUFFICIENT JUSTIFICATION, AS DEFINED IN PARAGRAPH
 (C) OF THIS SUBDIVISION.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, A PRACTICE HAS A DISCRIMINA-
 TORY  EFFECT  WHERE  IT  ACTUALLY  OR PREDICTABLY RESULTS IN A DISPARATE
 IMPACT ON A GROUP OF PERSONS, BECAUSE OF THEIR  MEMBERSHIP  IN  A  CLASS
 PROTECTED UNDER THIS SECTION.
   (C) (I) A LEGALLY SUFFICIENT JUSTIFICATION EXISTS WHERE THE CHALLENGED
 PRACTICE:
   (A)  IS  JOB  RELATED FOR THE POSITION IN QUESTION AND CONSISTENT WITH
 BUSINESS NECESSITY; AND
   (B) THAT THE BUSINESS NECESSITY COULD NOT BE SERVED BY  ANOTHER  PRAC-
 TICE THAT HAS A LESS DISCRIMINATORY EFFECT.
   (II) A LEGALLY SUFFICIENT JUSTIFICATION SHALL BE SUPPORTED BY EVIDENCE
 AND  MAY  NOT  BE  HYPOTHETICAL OR SPECULATIVE. THE BURDENS OF PROOF FOR
 ESTABLISHING EACH OF THE TWO ELEMENTS OF A LEGALLY SUFFICIENT JUSTIFICA-
 TION ARE SET FORTH IN PARAGRAPH (D) OF THIS SUBDIVISION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13283-03-5
 A. 8699--A                          2

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