Assembly Bill A4659

2021-2022 Legislative Session

Defines retaliatory acts in the workplace and establishes an affirmative defense

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A4659 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in 2023-2024 Legislative Session:
A2617

2021-A4659 (ACTIVE) - Summary

Relates to defining retaliatory acts in the workplace and establishing an affirmative defense; provides that an act shall be deemed retaliatory in the workplace if an aggrieved employee is treated less favorably than any other employee; provides an affirmative defense for employers.

2021-A4659 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4659
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  defining  retaliatory
   acts in the workplace and establishing an affirmative defense
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7 of section  296  of  the  executive  law,  as
 amended  by  chapter  166  of  the  laws  of 2000, is amended to read as
 follows:
   7. It shall be an unlawful  discriminatory  practice  for  any  person
 engaged  in  any  activity to which this section applies to retaliate or
 discriminate against any person because he or she has opposed any  prac-
 tices  forbidden  under  this  article  or because he or she has filed a
 complaint, testified or assisted in any proceeding under  this  article.
 FOR  PURPOSES OF THIS SUBDIVISION, AN ACT SHALL BE DEEMED RETALIATORY IN
 THE WORKPLACE IF AN AGGRIEVED EMPLOYEE IS TREATED  LESS  FAVORABLY  THAN
 ANY  OTHER  EMPLOYEE, PROVIDED THAT AN EMPLOYER MAY RAISE AN AFFIRMATIVE
 DEFENSE THAT: (A) THE EMPLOYER PLANNED TO DEMOTE, DISCHARGE, OR PENALIZE
 THE EMPLOYEE PRIOR TO LEARNING THAT THE EMPLOYEE HAD OPPOSED A  PRACTICE
 FORBIDDEN  UNDER  THIS  ARTICLE  OR  THE EMPLOYEE HAD FILED A COMPLAINT,
 TESTIFIED OR ASSISTED IN A PROCEEDING UNDER THIS  ARTICLE,  OR  (B)  THE
 EMPLOYER  PROVES  THAT  ITS TREATMENT OF THE AGGRIEVED EMPLOYEE OCCURRED
 WITHOUT ANY CONSIDERATION TO THE EMPLOYEE'S  OPPOSITION  TO  A  PRACTICE
 FORBIDDEN  UNDER  THIS  ARTICLE OR THE EMPLOYEE'S FILING OF A COMPLAINT,
 TESTIFYING OR ASSISTING IN A PROCEEDING UNDER THIS ARTICLE.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02935-01-1

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