Assembly Bill A8274

2021-2022 Legislative Session

Clarifies the standard for disparate treatment claims

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-A8274 (ACTIVE) - Details

See Senate Version of this Bill:
S7292
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §292, Exec L
Versions Introduced in 2023-2024 Legislative Session:
A1396, S4467

2021-A8274 (ACTIVE) - Summary

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

2021-A8274 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8274
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Governmental Operations
 
 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:

   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 39 to read as follows:
   39. THE TERMS "BECAUSE OF" AND "BECAUSE" IN DISPARATE TREATMENT  CASES
 MEAN  THE UNLAWFUL MOTIVE WAS A MOTIVATING FACTOR. NOTHING IN THIS DEFI-
 NITION IS INTENDED TO PRECLUDE OR LIMIT  USE  OF  THE  DISPARATE  IMPACT
 METHOD OF PROVING LIABILITY.
   § 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

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