Bill > A08699

This bill clarifies the legal standard for proving employment discrimination in New York by establishing that a discriminatory practice can be found unlawful based on its actual or predictable discriminatory effect, even if there was no intentional discrimination. Specifically, the bill introduces a framework where a complainant must first prove that a practice causes a discriminatory effect on a protected group, after which the burden shifts to the employer to demonstrate that the practice is job-related and consistent with business necessity. If the employer meets this burden, the complainant can still prevail by showing an alternative practice with a less discriminatory impact exists. The bill defines a "discriminatory effect" as a practice that results in a disparate impact on a protected class and requires that any justification for the practice be supported by concrete evidence, not hypothetical reasoning. Importantly, the bill specifies that proving a practice has a business justification cannot be used as a defense against claims of intentional discrimination, and it does not limit broader interpretations of discriminatory practices under existing law. The legislation will apply to employment discrimination cases occurring on or after its effective date.

Government Affairs, Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A8699