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S02447 Summary:

BILL NOS02447
 
SAME ASSAME AS A04992
 
SPONSORMAYER
 
COSPNSRWEBB
 
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.
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S02447 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2447
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 17, 2025
                                       ___________
 
        Introduced  by  Sens. MAYER, WEBB -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Investigations  and
          Government Operations
 
        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.
                                                                   LBD03515-01-5
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