Relates to the liability of an employee committing an unlawful discriminatory practice; creates joint and several liability for employers and employees responsible for unlawful discriminatory practices.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1620
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the executive law, in relation to the liability of an
employee committing an unlawful discriminatory practice
PURPOSE:
This bill allows employees and employers to be held jointly and
severally liable for practices of discrimination in the workplace.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the executive law by adding a new section 299-a.
Section 2 establishes the effective date.
JUSTIFICATION:
Under current law it is illegal for an employer to discriminate against
someone based on that person's race, color, religion, sex, national
origin, age, disability and other characteristics. Current law prohibits
acts of sexual harassment in the workplace as a form of sex discrimi-
nation. If an employee were to bring a civil suit after a case of sexual
harassment or discrimination in the workplace, an employer can be held
liable for any damages awarded in a civil suit.
Employers have the duty to take reasonable precautions to prevent any
form of discrimination within the workplace, including sexual harass-
ment. This legislation would make it clear to employees in New York
State that sexual harassment and discrimination will not be tolerated in
the workplace by holding employees who engage in these acts jointly and
severally liable for any damages awarded in a civil suit.
LEGISLATIVE HISTORY:
2023-24: A.579 - Referred to Governmental Operations
2021-22: A.2019 - Referred to Governmental Operations
2019-20: A.1067 - Referred to Governmental Operations
2017-18: A.11360 - Referred to Governmental Operations
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1620
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to the liability of an
employee committing an unlawful discriminatory practice
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 299-a
2 to read as follows:
3 § 299-a. Liability of employees. When the division has found an
4 employer to be liable for an unlawful discriminatory practice or prac-
5 tices under this article, the employee responsible for committing such
6 unlawful discriminatory practice or practices shall be jointly and
7 severally liable with the employer for any damages awarded under this
8 article.
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04162-01-5
