Clarifies the standard for when a practice has a discriminatory effect
What changed between versions
Added a new subdivision 5-a to Section 296 of the executive law establishing that unlawful discriminatory practices can be proven by discriminatory effect alone.
Established a two-part burden of proof: complainants must first show discriminatory effect, then respondents must prove the practice was necessary for legitimate interests and no less discriminatory alternative existed.
Clarified that demonstrating legally sufficient justification cannot be used as a defense against intentional discrimination claims, preserving existing protections.
Defined 'discriminatory effect' as practices that actually or predictably result in disparate impact on protected groups including race, creed, gender, disability, and other characteristics.
Changed the bill's effective date language to apply to all cases occurring on and after the effective date, rather than taking effect immediately.
