Bill Text: NY S04493 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides that certain allegations made by employees involving employment discrimination shall be protected and matters of public interest in actions involving public petition and participation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-28 - ADVANCED TO THIRD READING [S04493 Detail]

Download: New_York-2023-S04493-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4493--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 9, 2023
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed  to  be  committed  to  the  Committee  on  Codes -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the civil rights law, in relation to  actions  involving
          public petition and participation

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Paragraph (b) of subdivision 1  of  section  70-a  of  the
     2  civil  rights  law,  as  added  by  chapter  767 of the laws of 1992, is
     3  amended to read as follows:
     4    (b) other compensatory damages may only be  recovered  upon  an  addi-
     5  tional  demonstration  that  the  action  involving  public petition and
     6  participation was commenced or continued for the purpose  of  harassing,
     7  intimidating,  punishing  or  otherwise  maliciously inhibiting the free
     8  exercise of speech, petition or association rights, or rights under  any
     9  federal,  state,  or  local  law preventing employment discrimination or
    10  retaliation; and
    11    § 2.   Subdivision 1 of section 76-a  of  the  civil  rights  law,  as
    12  amended  by  chapter  250  of  the  laws  of 2020, is amended to read as
    13  follows:
    14    1. For purposes of this section:
    15    (a) An "action involving public petition and participation" is a claim
    16  based upon:
    17    (1) any communication in a place open to the public or a public  forum
    18  in connection with an issue of public interest; [or]
    19    (2)  any  other  lawful  conduct in furtherance of the exercise of the
    20  constitutional right of free speech  in  connection  with  an  issue  of
    21  public interest, or in furtherance of the exercise of the constitutional
    22  right of petition[.]; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03265-02-3
        S. 4493--A                          2

     1    (3)  any  allegation,  wherever  made,  concerning unlawful employment
     2  discrimination under federal, state, or local law.
     3    (b)  "Claim" includes any lawsuit, cause of action, cross-claim, coun-
     4  terclaim, or other judicial pleading or filing requesting relief.
     5    (c) "Communication" shall mean any statement, claim, allegation  in  a
     6  proceeding,  decision,  protest,  writing, argument, contention or other
     7  expression.
     8    (d) "Public interest" shall be construed broadly, and shall  mean  any
     9  subject other than a purely private matter.
    10    §  3.  This  act  shall take effect immediately and shall apply to all
    11  actions commenced on and after such effective date.