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.
STATE OF NEW YORK
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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
