NY A04992

Establishes that employment discrimination can be proven through a practice's discriminatory effect (disparate impact), even without discriminatory intent

Defines discriminatory effect as a practice that actually or predictably results in disparate impact based on race, creed, color, national origin, citizenship/immigration status, sexual orientation, gender identity, military status, sex, age, disability, marital status, domestic violence victim status, lawful income source, or familial status

Allows employers to defend challenged practices by demonstrating a "legally sufficient justification" - showing the practice is necessary to achieve substantial, legitimate, nondiscriminatory interests and no less discriminatory alternative exists

Sets burden-shifting framework: complainant must first prove discriminatory effect, then respondent must prove legitimate justification, then complainant may prove less discriminatory alternatives exist

Specifies that proving a legally sufficient justification cannot be used as a defense against intentional discrimination claims