Senator Biaggi And Senate Majority Pass Bill to Enhance Protection in Age Discrimination and Retaliation Cases
June 7, 2022
ALBANY, NY – Last week, the Senate Majority passed S7292, sponsored by State Senator Alessandra Biaggi, which would clarify the standard for retaliation and age discrimination disparate treatment cases brought under New York State Human Rights law.
State Senator Alessandra Biaggi (D-Bronx/Westchester) issued the following statement:
“This legislation will make it easier for victims of retaliation and age discrimination to receive protection under New York State Human Rights Law. Recent federal court decisions have required a higher, and often unattainable, “but-for” standard. This causal standard requires the complainant to prove that they would not have been discriminated against but for their age or decision to report wrongdoing. This legislation will apply a more attainable standard– which simply requires a complainant to establish that their protected status was a “motivating factor” in the discrimination they experienced. By updating this standard, New York will no longer place the onus on victims and will make it easier for individuals to protect their rights.”
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