Assembly Bill A8114

2021-2022 Legislative Session

Relates to protected allegations in certain defamation actions

download bill text pdf

Sponsored By

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-A8114 (ACTIVE) - Details

See Senate Version of this Bill:
S6034
Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Amd §74, Civ Rts L
Versions Introduced in 2023-2024 Legislative Session:
A1676, S4549

2021-A8114 (ACTIVE) - Summary

Prohibits a cause of action for defamation where the subject of such action includes an allegation made to an employer regarding an unlawful discriminatory practice or act of retaliation.

2021-A8114 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8114
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the civil rights law, in relation to libel  and  defama-
   tion actions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 74 of the civil rights law, as added by chapter 310
 of the laws of 1962, is amended to read as follows:
   § 74. Privileges in action for libel OR DEFAMATION.   1. (A)  A  civil
 action cannot be maintained against any person, firm or corporation, for
 the  publication  of  a fair and true report of any judicial proceeding,
 legislative proceeding or other official proceeding, or for any  heading
 of  the  report  which  is  a  fair  and  true headnote of the statement
 published.
   (B) This section does not apply to a  libel  contained  in  any  other
 matter  added  by  any  person  concerned  in the publication; or in the
 report of anything said or done at the time and place of such a proceed-
 ing which was not a part thereof.
   2. NO CAUSE OF ACTION FOR DEFAMATION CAN BE MAINTAINED BY  ANY  PERSON
 OR  ENTITY,  AGAINST  ANY  PERSON  OR  ENTITY, WHERE THE SUBJECT OF SUCH
 ACTION INCLUDES A PROTECTED ALLEGATION, WHETHER SUCH  PROTECTED  ALLEGA-
 TION  IS  FORMAL OR INFORMAL, ORAL OR IN WRITING. "PROTECTED ALLEGATION"
 SHALL MEAN AN ALLEGATION MADE TO AN EMPLOYER OR ITS AGENT  BY  A  PERSON
 PROTECTED  BY THE NEW YORK STATE HUMAN RIGHTS LAW OR NEW YORK CITY HUMAN
 RIGHTS LAW, OR SUCH PERSON'S AGENT, OF (A)  AN  UNLAWFUL  DISCRIMINATORY
 PRACTICE  AS  DEFINED BY THE NEW YORK STATE HUMAN RIGHTS LAW OR NEW YORK
 CITY HUMAN RIGHTS LAW, WHERE SUCH ALLEGATION RELATES TO  EMPLOYMENT,  OR
 (B)  EMPLOYMENT DISCRIMINATION (INCLUDING RETALIATION) PROHIBITED BY ANY
 FEDERAL, STATE, OR LOCAL LAW.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10577-02-1

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