Bill Text: NY S07292 | 2021-2022 | General Assembly | Introduced

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Bill Title: Clarifies the standard for disparate treatment claims by defining the terms "because of" and "because" for the purposes of disparate treatment cases.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-05-31 - referred to governmental operations [S07292 Detail]

Download: New_York-2021-S07292-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7292

                               2021-2022 Regular Sessions

                    IN SENATE

                                      July 16, 2021
                                       ___________

        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the executive law, in relation to clarifying the  stand-
          ard for disparate treatment claims

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

     1    Section 1. Section 292 of the executive law is amended by adding a new
     2  subdivision 39 to read as follows:
     3    39. The terms "because of" and "because" in disparate treatment  cases
     4  mean  the unlawful motive was a motivating factor. Nothing in this defi-
     5  nition is intended to preclude or limit  use  of  the  disparate  impact
     6  method of proving liability.
     7    § 2. This act shall take effect immediately.







         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11856-01-1