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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9293

                    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

        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.  Subdivision 1 of section 76-a of the civil rights law, as
     2  amended by chapter 250 of the laws  of  2020,  is  amended  to  read  as
     3  follows:
     4    1. For purposes of this section:
     5    (a) An "action involving public petition and participation" is a claim
     6  based upon:
     7    (1)  any communication in a place open to the public or a public forum
     8  in connection  with  an  issue  of  public  interest,  provided  that  a
     9  protected  allegation,  as  defined  in subparagraph three of this para-
    10  graph, made within the context of employment shall  constitute  communi-
    11  cation in a public forum; [or]
    12    (2)  any  other  lawful  conduct in furtherance of the exercise of the
    13  constitutional right of free speech  in  connection  with  an  issue  of
    14  public interest, or in furtherance of the exercise of the constitutional
    15  right of petition[.]; or
    16    (3)  any  "protected allegation," which shall be defined as an allega-
    17  tion made to any employer or its agent by a person protected by the  New
    18  York  state  human  rights law or the New York city human rights law, or
    19  such person's agent, of  (i)  an  unlawful  discriminatory  practice  as
    20  defined  by  the  New  York  state human rights law or the New York city
    21  human rights law, where such allegation relates to employment,  or  (ii)
    22  employment  discrimination  (including  retaliation)  prohibited  by any
    23  federal, state, or local law.
    24    (b) "Claim" includes any lawsuit, cause of action, cross-claim,  coun-
    25  terclaim, or other judicial pleading or filing requesting relief.
    26    (c)  "Communication"  shall mean any statement, claim, allegation in a
    27  proceeding, decision, protest, writing, argument,  contention  or  other
    28  expression.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15792-03-2
        S. 9293                             2

     1    (d)  "Public  interest" shall be construed broadly, and shall mean any
     2  subject other than a purely private matter; provided  that  a  protected
     3  allegation,  as  defined  in subparagraph three of paragraph (a) of this
     4  subdivision, shall not be considered a purely private matter.
     5    §  2.  This  act  shall take effect immediately and shall apply to all
     6  actions commenced on and after such effective date.