Assembly Bill A4992

2025-2026 Legislative Session

Clarifies the standard for intentional discrimination or retaliation claims

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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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2025-A4992 (ACTIVE) - Details

See Senate Version of this Bill:
S2447
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: A8274, S7292
2023-2024: A1396, S4467

2025-A4992 (ACTIVE) - Summary

Clarifies the standard for intentional discrimination or retaliation claims by requiring a person or persons prove that an unlawful motivation was a motivating factor and not "the sole motivating factor" or a "but-for cause" of the challenged treatment.

2025-A4992 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4992
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BICHOTTE HERMELYN,  GONZALEZ-ROJAS, SHIMSKY,
   BURDICK, DAVILA, REYES, SIMON -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to clarifying the  stand-
   ard for intentional discrimination or retaliation claims

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 296 of the executive law is amended by adding a new
 subdivision 23 to read as follows:
   23. NOTWITHSTANDING ANY FEDERAL OR LOCAL STATUTE TO  THE  CONTRARY,  A
 PERSON  OR  PERSONS  BRINGING  INTENTIONAL DISCRIMINATION OR RETALIATION
 CLAIMS UNDER THIS ARTICLE SHALL BE REQUIRED TO PROVE  THAT  AN  UNLAWFUL
 MOTIVATION  WAS A MOTIVATING FACTOR AND NOT "THE SOLE MOTIVATING FACTOR"
 OR A "BUT-FOR CAUSE" OF THE CHALLENGED TREATMENT.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03515-01-5

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