Assembly Bill A2342

2023-2024 Legislative Session

Relates to actions involving public petition and participation

download bill text pdf

Sponsored By

Current 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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Bill Amendments

2023-A2342 - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Amd §§70-a & 76-a, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
A10592

2023-A2342 - Summary

Provides that certain allegations made by employees involving employment discrimination shall be protected and matters of public interest in actions involving public petition and participation.

2023-A2342 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2342
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 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  actions  involving
   public petition and participation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Paragraph (b) of subdivision 1  of  section  70-a  of  the
 civil  rights  law,  as  added  by  chapter  767 of the laws of 1992, is
 amended to read as follows:
   (b) other compensatory damages may only be  recovered  upon  an  addi-
 tional  demonstration  that  the  action  involving  public petition and
 participation was commenced or continued for the purpose  of  harassing,
 intimidating,  punishing  or  otherwise  maliciously inhibiting the free
 exercise of speech, petition or association rights, OR RIGHTS UNDER  ANY
 FEDERAL,  STATE,  OR  LOCAL  LAW PREVENTING EMPLOYMENT DISCRIMINATION OR
 RETALIATION; and
   § 2.   Subdivision 1 of section 76-a  of  the  civil  rights  law,  as
 amended  by  chapter  250  of  the  laws  of 2020, is amended to read as
 follows:
   1. For purposes of this section:
   (a) An "action involving public petition and participation" is a claim
 based upon:
   (1) any communication in a place open to the public or a public  forum
 in  connection  with  an  issue  of  public  interest,  PROVIDED  THAT A
 PROTECTED ALLEGATION, AS DEFINED IN SUBPARAGRAPH  THREE  OF  THIS  PARA-
 GRAPH,  MADE  WITHIN THE CONTEXT OF EMPLOYMENT SHALL CONSTITUTE COMMUNI-
 CATION IN A PUBLIC FORUM; [or]
   (2) any other lawful conduct in furtherance of  the  exercise  of  the
 constitutional  right  of  free  speech  in  connection with an issue of
 public interest, or in furtherance of the exercise of the constitutional
 right of petition[.]; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03265-01-3

co-Sponsors

2023-A2342A (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Amd §§70-a & 76-a, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
A10592

2023-A2342A (ACTIVE) - Summary

Provides that certain allegations made by employees involving employment discrimination shall be protected and matters of public interest in actions involving public petition and participation.

2023-A2342A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2342--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Judiciary -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 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:
 
   Section  1.    Paragraph  (b)  of subdivision 1 of section 70-a of the
 civil rights law, as added by chapter  767  of  the  laws  of  1992,  is
 amended to read as follows:
   (b)  other  compensatory  damages  may only be recovered upon an addi-
 tional demonstration that  the  action  involving  public  petition  and
 participation  was  commenced or continued for the purpose of harassing,
 intimidating, punishing or otherwise  maliciously  inhibiting  the  free
 exercise  of speech, petition or association rights, OR RIGHTS UNDER ANY
 FEDERAL, STATE, OR LOCAL LAW  PREVENTING  EMPLOYMENT  DISCRIMINATION  OR
 RETALIATION; and
   §  2.    Subdivision  1  of  section  76-a of the civil rights law, as
 amended by chapter 250 of the laws  of  2020,  is  amended  to  read  as
 follows:
   1. For purposes of this section:
   (a) An "action involving public petition and participation" is a claim
 based upon:
   (1)  any communication in a place open to the public or a public forum
 in connection with an issue of public interest; [or]
   (2) any other lawful conduct in furtherance of  the  exercise  of  the
 constitutional  right  of  free  speech  in  connection with an issue of
 public interest, or in furtherance of the exercise of the constitutional
 right of petition[.]; OR
   (3) ANY ALLEGATION,  WHEREVER  MADE,  CONCERNING  UNLAWFUL  EMPLOYMENT
 DISCRIMINATION UNDER FEDERAL, STATE, OR LOCAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03265-03-3

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