A08274 Summary:
| BILL NO | A08274 |
| SAME AS | SAME AS S07292 |
| SPONSOR | Bichotte Hermelyn |
| COSPNSR | |
| MLTSPNSR | |
| Amd 292, Exec L | |
| Clarifies the standard for disparate treatment claims by defining the terms "because of" and "because" for the purposes of disparate treatment cases. | |
A08274 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 8274 2021-2022 Regular Sessions IN ASSEMBLY August 25, 2021 ___________ 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 disparate treatment claims The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 292 of the executive law is amended by adding a new 2 subdivision 39 to read as follows: 3 39. The terms "because of" and "because" in disparate treatment cases 4 mean the unlawful motive was a motivating factor. Nothing in this defi- 5 nition is intended to preclude or limit use of the disparate impact 6 method of proving liability. 7 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11856-01-1