Gonzalez-Rojas, Shimsky, Burdick, Dickens, Davila, Reyes, Simon
MLTSPNSR
Amd §296, Exec L
Clarifies the standard for intentional discrimination or retaliation claims by requiring a person or persons prove that an unlawful motivation was a motivating factor and not "the sole motivating factor" or a "but-for cause" of the challenged treatment.
STATE OF NEW YORK
________________________________________________________________________
1396--B
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. BICHOTTE HERMELYN, GONZALEZ-ROJAS, SHIMSKY,
BURDICK, DICKENS, DAVILA, REYES, SIMON -- read once and referred to
the Committee on Governmental Operations -- recommitted to the Commit-
tee on Governmental Operations in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- 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 intentional discrimination or retaliation claims
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 296 of the executive law is amended by adding a new
2 subdivision 23 to read as follows:
3 23. Notwithstanding any federal or local statute to the contrary, a
4 person or persons bringing intentional discrimination or retaliation
5 claims under this article shall be required to prove that an unlawful
6 motivation was a motivating factor and not "the sole motivating factor"
7 or a "but-for cause" of the challenged treatment.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01175-09-4
