S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9045
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to permit-
   ting certain testimony and evidence by  a  person  alleging  discrimi-
   nation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  The civil practice law and rules is amended  by  adding  a
 new rule 4514-a to read as follows:
   RULE  4514-A. ADMISSIBILITY OF ALLEGATIONS OF DISCRIMINATION. (A) WHEN
 USED IN THIS RULE, "DISCRIMINATION" SHALL MEAN ANY UNLAWFUL  DISCRIMINA-
 TORY  PRACTICE PURSUANT TO ARTICLE FIFTEEN OF THE EXECUTIVE LAW, INCLUD-
 ING UNLAWFUL DISCRIMINATORY  PRACTICES  BASED  ON  RACE,  CREED,  COLOR,
 NATIONAL  ORIGIN,  SEXUAL  ORIENTATION,  GENDER  IDENTITY OR EXPRESSION,
 MILITARY STATUS, AGE, SEX, MARITAL STATUS, CHILDBEARING POTENTIAL, DISA-
 BILITY, OR FAMILIAL STATUS.
   (B) IN A CIVIL ACTION, AT ANY TRIAL OR HEARING, EVIDENCE THAT A  PARTY
 ALLEGING  DISCRIMINATION, INCLUDING BUT NOT LIMITED TO SEXUAL HARASSMENT
 AND/OR MISCONDUCT, REPORTED SUCH DISCRIMINATION OR FACTS GIVING RISE  TO
 AN  INFERENCE  OF  SUCH  DISCRIMINATION  TO  ANOTHER  PERSON,  INCLUDING
 EVIDENCE CONCERNING THE CONTENTS OF SUCH REPORT OR STATEMENT  OF  FACTS,
 MAY  BE  ADMITTED  TO  REHABILITATE  THE TESTIMONY OF THE PARTY CLAIMING
 DISCRIMINATION TO PROVE THE TRUTH THEREOF  WHENEVER  THE  ADVERSE  PARTY
 ARGUES  OR  IMPLIES  THAT  THE TESTIMONY OF THE PARTY CLAIMING DISCRIMI-
 NATION IS UNTRUE, INCREDIBLE, OR UNRELIABLE.
   (C) FOR EVIDENCE OF A REPORT OR STATEMENT OF FACTS  TO  BE  ADMISSIBLE
 UNDER  THIS  RULE, SUCH REPORT OR STATEMENT MUST BE MADE BEFORE THE LAST
 ADVERSE ACTION COMPLAINED OF IS TAKEN, OR PROMPTLY AFTER SUCH ACTION  IS
 TAKEN.    PROMPTNESS SHALL BE DETERMINED BY ALL FACTS AND CIRCUMSTANCES,
 GIVING DUE REGARD TO THE SENSITIVITY OF THE SUBJECT MATTER,  THE  MENTAL
 STATE OF THE PARTY ALLEGING DISCRIMINATION, OR ANY OTHER RELEVANT INFOR-
 MATION.
   §  2. The civil practice law and rules is amended by adding a new rule
 4549 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13236-05-1
 A. 9045                             2
 
   RULE 4549. ADMISSIBILITY OF  ALLEGATIONS  OF  DISCRIMINATION;  HEARSAY
 EXCEPTION.   (A) WHEN USED IN THIS RULE, "DISCRIMINATION" SHALL MEAN ANY
 UNLAWFUL DISCRIMINATORY PRACTICE PURSUANT  TO  ARTICLE  FIFTEEN  OF  THE
 EXECUTIVE  LAW,  INCLUDING  UNLAWFUL  DISCRIMINATORY  PRACTICES BASED ON
 RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, GENDER IDENTITY
 OR  EXPRESSION,  MILITARY STATUS, AGE, SEX, MARITAL STATUS, CHILDBEARING
 POTENTIAL, DISABILITY, OR FAMILIAL STATUS.
   (B) IN A CIVIL ACTION, AT THE TRIAL OR UPON THE HEARING OF A MOTION OR
 AN INTERLOCUTORY PROCEEDING, EVIDENCE THAT A  PARTY  ALLEGING  DISCRIMI-
 NATION,  INCLUDING  BUT  NOT LIMITED TO SEXUAL HARASSMENT AND/OR MISCON-
 DUCT, REPORTED SUCH DISCRIMINATION OR FACTS GIVING RISE TO AN  INFERENCE
 OF  SUCH DISCRIMINATION TO ANOTHER PERSON, INCLUDING EVIDENCE CONCERNING
 THE CONTENTS OF SUCH REPORT OR STATEMENT OF FACTS, MAY BE ADMITTED AS AN
 EXCEPTION TO THE INADMISSIBILITY OF HEARSAY TO  SUPPORT  THE  ALLEGATION
 THAT DISCRIMINATION OCCURRED.
   (C)  FOR EVIDENCE OF A REPORT OR STATEMENT TO BE ADMISSIBLE UNDER THIS
 RULE, SUCH REPORT OR STATEMENT MUST  HAVE  BEEN  MADE  BEFORE  THE  LAST
 ADVERSE  ACTION COMPLAINED OF IS TAKEN, OR PROMPTLY AFTER SUCH ACTION IS
 TAKEN.  PROMPTNESS SHALL BE DETERMINED BY ALL FACTS  AND  CIRCUMSTANCES,
 GIVING  DUE  REGARD TO THE SENSITIVITY OF THE SUBJECT MATTER, THE MENTAL
 STATE OF THE PARTY ALLEGING DISCRIMINATION, OR ANY OTHER RELEVANT INFOR-
 MATION.
   (D) THE PROPONENT OF SUCH EVIDENCE HAS  THE  BURDEN  OF  DEMONSTRATING
 THAT  THE REPORTING WAS MADE UNDER CIRCUMSTANCES WHICH RENDER IT REASON-
 ABLY RELIABLE.
   (E) THIS RULE IS ONLY APPLICABLE IN CIVIL MATTERS AND SHALL NOT  APPLY
 IN CRIMINAL PROCEEDINGS.
   § 3. This act shall take effect immediately.