Clarifies the standard for when a practice has a discriminatory effect; provides that an unlawful discriminatory practice may be established by such practice's discriminatory effect, even if such practice was not motivated by a discriminatory intent.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8699A
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
An act to amend the executive law, in relation to clarifying the stand-
ard for when a practice has a discriminatory effect
PURPOSE:
To ensure that discriminatory practices that result in disparate impacts
regardless of intent are recognized as unlawful under New York's Execu-
tive Law, while providing a clear legal standard for evaluating justi-
fication defenses.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends Section 296 of the Executive Law by adding
a new subdivision 5-a. This subdivision would establishes that a prac-
tice may be deemed discriminatory based on its effect, even in the
absence of discriminatory intent, defines "discriminatory effect" as an
actual or predictable disparate impact, on protected groups, outlines
what constitutes a "legally sufficient justification" for such prac-
tices, including the requirement that the practice be necessary to
achieve substantial, legitimate, nondiscriminatory interests that cannot
be achieved through less discriminatory means, sets the burden of proof
for both complainants and respondents, specifies that a legally suffi-
cient justification cannot be used as a defense to claims of intentional
discrimination and clarifies that this new subdivision does not limit
broader protections already afforded under existing law.
Section 2 provides that the act shall take effect immediately and apply
to cases occurring on or after the effective date.
JUSTIFICATION:
Current law may be insufficiently clear regarding when a practice that
has a discriminatory impact-but not necessarily a discriminatory intent
is considered unlawful. This bill aligns New York State's standards with
well-established principles in civil rights law, ensuring that impact
based discrimination is appropriately recognized and remedied. The bill
balances this with a fair standard for employers and other entities to
justify practices that may have disparate impacts but serve legitimate
purposes.
By codifying a clear, evidence-based standard, the bill promotes
accountability, consistency in legal interpretation, and protections for
historically marginalized communities.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
