Prohibits a cause of action for defamation where the subject of such action includes an allegation made to an employer regarding an unlawful discriminatory practice or act of retaliation.
STATE OF NEW YORK
________________________________________________________________________
1676
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Judiciary
AN ACT to amend the civil rights law, in relation to libel and defama-
tion actions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 74 of the civil rights law, as added by chapter 310
2 of the laws of 1962, is amended to read as follows:
3 § 74. Privileges in action for libel or defamation. 1. (a) A civil
4 action cannot be maintained against any person, firm or corporation, for
5 the publication of a fair and true report of any judicial proceeding,
6 legislative proceeding or other official proceeding, or for any heading
7 of the report which is a fair and true headnote of the statement
8 published.
9 (b) This section does not apply to a libel contained in any other
10 matter added by any person concerned in the publication; or in the
11 report of anything said or done at the time and place of such a proceed-
12 ing which was not a part thereof.
13 2. No cause of action for defamation can be maintained by any person
14 or entity, against any person or entity, where the subject of such
15 action includes a protected allegation, whether such protected allega-
16 tion is formal or informal, oral or in writing. "Protected allegation"
17 shall mean an allegation made to an employer or its agent by a person
18 protected by the New York state human rights law or New York city human
19 rights law, or such person's agent, of (a) an unlawful discriminatory
20 practice as defined by the New York state human rights law or New York
21 city human rights law, where such allegation relates to employment, or
22 (b) employment discrimination (including retaliation) prohibited by any
23 federal, state, or local law.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03096-01-3
