Relates to motivating factors behind unlawful discriminatory practices in employment practices; clarifies the reasonable accommodation process under the state's human rights law.
STATE OF NEW YORK
________________________________________________________________________
9305
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 3 of section 296 of the executive law is
2 amended by adding a new paragraph (e) to read as follows:
3 (e) The failure of an employer to engage in an interactive process to
4 determine a reasonable accommodation shall be a violation of this
5 section unless there is no reasonable accommodation that such employer
6 can provide without undue hardship.
7 § 2. Subdivision 7 of section 296 of the executive law, as amended by
8 chapter 140 of the laws of 2022, is amended to read as follows:
9 7. It shall be an unlawful discriminatory practice for any person
10 engaged in any activity to which this section applies to retaliate or
11 discriminate against any person because [he or she] such person has
12 opposed any practices forbidden under this article or because [he or
13 she] such person has filed a complaint, testified or assisted in any
14 proceeding under this article. Retaliation may include, but is not
15 limited to, disclosing an employee's personnel files because [he or she]
16 such person has opposed any practices forbidden under this article or
17 because [he or she] such person has filed a complaint, testified or
18 assisted in any proceeding under this article, except where such disclo-
19 sure is made in the course of commencing or responding to a complaint in
20 any proceeding under this article or any other civil or criminal action
21 or other judicial or administrative proceeding as permitted by applica-
22 ble law, otherwise or supported or acted in furtherance of the rights
23 protected under this article.
24 § 3. Section 296 of the executive law is amended by adding a new
25 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
1 23. An unlawful discriminatory practice is established when the
2 complaining party demonstrates that an individual's age, race, creed,
3 color, national origin, citizenship or immigration status, sexual orien-
4 tation, gender identity or expression, military status, sex, disability,
5 predisposing genetic characteristics, familial status, marital status,
6 or status as a victim of domestic violence, or status as any other
7 protected class described in this article was a motivating factor for
8 any employment practice, regardless of whether other factors also moti-
9 vated such practice.
10 § 4. This act shall take effect on the ninetieth day after it shall
11 have become a law.
