Clarifies the standard for disparate treatment claims by defining the terms "because of", "because", "by reason of", and "motivating factor" for the purposes of disparate treatment cases.
STATE OF NEW YORK
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4467--B
Cal. No. 487
2023-2024 Regular Sessions
IN SENATE
February 9, 2023
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the executive law, in relation to clarifying the stand-
ard for disparate treatment claims
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 292 of the executive law is amended by adding a new
2 subdivision 42 to read as follows:
3 42. The terms "because of", "because", and "by reason of" in disparate
4 treatment cases, including retaliation cases, mean the unlawful motive
5 was a motivating factor. A "motivating factor" means than an adverse
6 employment decision or action was more likely than not based in whole or
7 in part on discrimination. Such discriminatory reason for the adverse
8 employment action or decision need not be the sole reason or factor for
9 the adverse employment action or decision. Nothing in this definition is
10 intended to preclude or limit use of the disparate impact method of
11 proving liability.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01175-05-3
