Lupardo, Jacobson, Meeks, Santabarbara, Otis, Epstein, Seawright, Simon, Steck, Davila, Reyes,
Colton, Angelino, Burdick, Weprin, Shimsky, De Los Santos
MLTSPNSR
Add §16, Civ Rts L
Waives the state's sovereign immunity in state and federal courts with regard to liability for violations of the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act; waives the immunity of all instrumentalities and political subdivisions of the state.
STATE OF NEW YORK
________________________________________________________________________
2589--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 21, 2025
___________
Introduced by M. of A. KELLES, LUPARDO, JACOBSON, MEEKS, SANTABARBARA,
OTIS, EPSTEIN, BUTTENSCHON, SEAWRIGHT, SIMON, STECK, DAVILA, REYES,
COLTON, ANGELINO, BURDICK, WEPRIN, SHIMSKY -- read once and referred
to the Committee on Governmental Operations -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the civil rights law, in relation to waiving the state's
sovereign immunity to claims under the Americans with Disabilities Act
of 1990, the Fair Labor Standards Act of 1938, the Age Discrimination
in Employment Act of 1967, and the Family and Medical Leave Act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil rights law is amended by adding a new section 16
2 to read as follows:
3 § 16. Waiver of state immunity. The state hereby waives its sovereign
4 immunity in state and federal courts with regard to all claims, actions
5 and proceedings brought pursuant to the federal Americans with Disabili-
6 ties Act of 1990 (P.L. 101-336, as amended), the federal Fair Labor
7 Standards Act of 1938, the federal Age Discrimination in Employment Act
8 of 1967, and the federal Family and Medical Leave Act. The provisions
9 of such acts shall apply to the state, and any instrumentality or poli-
10 tical subdivision thereof.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00051-02-5
