Bill Text: NY S09293 | 2021-2022 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-06-02 - referred to governmental operations [S09293 Detail]

Download: New_York-2021-S09293-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9293--A

                    IN SENATE

                                      May 12, 2022
                                       ___________

        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,  provided  that a
    19  protected allegation, as defined in subparagraph  three  of  this  para-
    20  graph,  made  within the context of employment shall constitute communi-
    21  cation in a public forum; [or]
    22    (2) any other lawful conduct in furtherance of  the  exercise  of  the
    23  constitutional  right  of  free  speech  in  connection with an issue of
    24  public interest, or in furtherance of the exercise of the constitutional
    25  right of petition[.]; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15792-04-2
        S. 9293--A                          2

     1    (3) any "protected allegation," which shall be defined as  an  allega-
     2  tion  made to any employer or its agent by a person protected by the New
     3  York state human rights law or the New York city human  rights  law,  or
     4  such  person's  agent,  of  employment discrimination, including but not
     5  limited  to,  discriminatory  harassment  and/or  retaliation, under any
     6  federal, state, or local law.
     7    (b) "Claim" includes any lawsuit, cause of action, cross-claim,  coun-
     8  terclaim, or other judicial pleading or filing requesting relief.
     9    (c)  "Communication"  shall mean any statement, claim, allegation in a
    10  proceeding, decision, protest, writing, argument,  contention  or  other
    11  expression.
    12    (d)  "Public  interest" shall be construed broadly, and shall mean any
    13  subject other than a purely private matter; provided  that  a  protected
    14  allegation,  as  defined  in subparagraph three of paragraph (a) of this
    15  subdivision, shall not be considered a purely private matter.
    16    § 3. This act shall take effect immediately and  shall  apply  to  all
    17  actions commenced on and after such effective date.