Bill > S08338

This bill amends the New York Executive Law to clarify the standard for proving employment discrimination by establishing that a discriminatory practice can be found unlawful based on its discriminatory effect, even if there was no intentional discrimination. Specifically, the bill allows a complainant to demonstrate discrimination by showing that a practice actually or predictably results in a disparate impact on a protected group. If such a discriminatory effect is proven, the burden shifts to the employer to demonstrate a "legally sufficient justification" - meaning the practice must be job-related, consistent with business necessity, and unable to be achieved through a less discriminatory alternative. The bill outlines a detailed process for proving discriminatory effect, including specific burdens of proof for both the complainant and respondent. Importantly, the bill clarifies that a practice's justification cannot be used as a defense against intentional discrimination claims, and it does not limit broader interpretations of discriminatory practices. The law will apply to all employment discrimination cases occurring on or after its effective date, providing a more comprehensive framework for addressing systemic workplace discrimination.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S8338