Assembly Bill A9305

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9305
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 10, 2025
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in relation to unlawful discriminato-
   ry practices under the state's human rights law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  3  of  section  296  of the executive law is
 amended by adding a new paragraph (e) to read as follows:
   (E) THE FAILURE OF AN EMPLOYER TO ENGAGE IN AN INTERACTIVE PROCESS  TO
 DETERMINE  A  REASONABLE  ACCOMMODATION  SHALL  BE  A  VIOLATION OF THIS
 SECTION UNLESS THERE IS NO REASONABLE ACCOMMODATION THAT  SUCH  EMPLOYER
 CAN PROVIDE WITHOUT UNDUE HARDSHIP.
   §  2. Subdivision 7 of section 296 of the executive law, as amended by
 chapter 140 of the laws of 2022, is amended to read as follows:
   7. It shall be an unlawful  discriminatory  practice  for  any  person
 engaged  in  any  activity to which this section applies to retaliate or
 discriminate against any person because [he  or  she]  SUCH  PERSON  has
 opposed  any  practices  forbidden  under this article or because [he or
 she] SUCH PERSON has filed a complaint, testified  or  assisted  in  any
 proceeding  under  this  article.    Retaliation may include, but is not
 limited to, disclosing an employee's personnel files because [he or she]
 SUCH PERSON has opposed any practices forbidden under  this  article  or
 because  [he  or  she]  SUCH  PERSON has filed a complaint, testified or
 assisted in any proceeding under this article, except where such disclo-
 sure is made in the course of commencing or responding to a complaint in
 any proceeding under this article or any other civil or criminal  action
 or  other judicial or administrative proceeding as permitted by applica-
 ble law, OTHERWISE OR SUPPORTED OR ACTED IN FURTHERANCE  OF  THE  RIGHTS
 PROTECTED UNDER THIS ARTICLE.
   §  3.  Section  296  of  the  executive law is amended by adding a new
 subdivision 23 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14084-01-5
              

 A. 9305                             2
 
   23. AN  UNLAWFUL  DISCRIMINATORY  PRACTICE  IS  ESTABLISHED  WHEN  THE
 COMPLAINING  PARTY  DEMONSTRATES  THAT AN INDIVIDUAL'S AGE, RACE, CREED,
 COLOR, NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, SEXUAL ORIEN-
 TATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY,
 PREDISPOSING  GENETIC  CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS,
 OR STATUS AS A VICTIM OF DOMESTIC  VIOLENCE,  OR  STATUS  AS  ANY  OTHER
 PROTECTED  CLASS  DESCRIBED  IN THIS ARTICLE WAS A MOTIVATING FACTOR FOR
 ANY EMPLOYMENT PRACTICE, REGARDLESS OF WHETHER OTHER FACTORS ALSO  MOTI-
 VATED SUCH PRACTICE.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.