Bill > A04992

This bill amends the New York State Executive Law to clarify the standard for proving employment discrimination by introducing a new provision that allows discrimination to be established through demonstrable discriminatory effect, even without proof of intentional discrimination. Specifically, the bill establishes that an employment practice can be deemed discriminatory if it actually or predictably results in a disparate impact on a group of persons based on characteristics like race, gender, age, disability, and others. The bill outlines a legal framework where the complainant must first prove the practice has a discriminatory effect, after which the respondent must demonstrate that the practice is necessary to achieve legitimate, non-discriminatory interests. If the respondent proves this, the complainant can still prevail by showing an alternative practice with less discriminatory impact exists. Importantly, the bill stipulates that a practice's justification cannot be used as a defense against claims of intentional discrimination and does not limit broader interpretations of discriminatory practices. The bill will take effect immediately and apply to employment discrimination cases occurring on or after its effective date.

Government Affairs

https://www.nysenate.gov/legislation/bills/2025/A4992