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NY A08699
Bill
Status
5/30/2025
Primary Sponsor
Rodneyse Bichotte Hermelyn
Click for details
AI Summary
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Establishes that employment discrimination claims can be based on a practice's discriminatory effect (disparate impact), even without proof of discriminatory intent
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Defines discriminatory effect as a practice that actually or predictably results in disparate impact on a protected class
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Creates a burden-shifting framework: complainant must first prove discriminatory effect, then employer must prove the practice is job-related and consistent with business necessity
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Allows complainants to still prevail if they can show the business necessity could be served by an alternative practice with less discriminatory effect
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Specifies that business necessity justifications must be supported by evidence (not hypothetical) and cannot be used as a defense against intentional discrimination claims
Legislative Description
Clarifies the standard for when a practice has a discriminatory effect; provides that an unlawful discriminatory practice may be established by such practice's discriminatory effect, even if such practice was not motivated by a discriminatory intent.
Last Action
substituted by s8338
6/10/2025