Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Mar 03, 2025 |
advanced to third reading |
Feb 26, 2025 |
2nd report cal. |
Feb 25, 2025 |
1st report cal.368 |
Jan 21, 2025 |
referred to judiciary |
Senate Bill S2497
2025-2026 Legislative Session
Sponsored By
(D) 26th Senate District
Current Bill Status - On Floor Calendar
- 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
Actions
Votes
co-Sponsors
(D, WF) 28th Senate District
(D) 16th Senate District
(D, WF) 48th Senate District
(D) 20th Senate District
2025-S2497 (ACTIVE) - Details
2025-S2497 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2497 SPONSOR: GOUNARDES TITLE OF BILL: An act to amend the civil practice law and rules, in relation to permit- ting certain testimony and evidence by a person alleging discrimination PURPOSE OR GENERAL IDEA OF BILL: To allow reports of employment discrimination made by a victim of such discrimination to be admitted as evidence in a civil trial SUMMARY OF PROVISIONS: Section one adds a new rule 4552 to the Civil Practice Law and Rules (CPLR) to provide that in a civil action, evidence that a party alleging discrimination reported such discrimination to another person may be admitted as evidence. In order for such evidence to be admissible, such a report must have been made before the last adverse action being complained of is taken, or promptly afterward. The judge shall take into account the individual circumstances of each case and relevant context
2025-S2497 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2497 2025-2026 Regular Sessions I N S E N A T E January 21, 2025 ___________ Introduced by Sens. GOUNARDES, KRUEGER, LIU, MAY, MYRIE, RAMOS -- read twice and ordered printed, and when printed to be committed 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 4552 to read as follows: RULE 4552. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03957-01-5 S. 2497 2
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