Bill Text: NY S04467 | 2023-2024 | General Assembly | Amended

New York Senate Bill 4467 (Prior Session Legislation)

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2024-06-06 - referred to health [S04467 Detail]

Download: New_York-2023-S04467-Amended.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                         4467--C
            Cal. No. 705

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 9, 2023
                                       ___________

        Introduced  by  Sens. MAYER, WEBB -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Investigations  and
          Government  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 -- recommitted to the Commit-
          tee on Investigations and Government  Operations  in  accordance  with
          Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
          ordered to first and second report, ordered to a third reading, passed
          by Senate and delivered to the Assembly, recalled, vote  reconsidered,
          restored  to  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 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.
                                                                   LBD01175-10-4