A 8699 New York Assembly · 2025 Regular Session

Clarifies the standard for when a practice has a discriminatory effect

Summary

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.

Issues: ✓ Housing

Bill status in committee 1 of 4 stages cleared

Introduction

May 2025

Committee Review

Floor Vote

Governor

Introduced May 30, 2025 Last action Jun 10, 2025

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What changed between versions

A8699 → A8699A · 3 edits

MINOR

This bill amends New York's executive law to clarify how discriminatory practices are evaluated, replacing a detailed list of protected characteristics with a reference to classes protected under the law. It also changes the legal standard for justifying practices with disparate effects from 'substantial, legitimate, nondiscriminatory interests' to 'job related for the position in question and consistent with business necessity.'

Scope change

The bill applies to employment discrimination cases occurring on and after the effective date, with no change to the overall scope of applicability.

DEFINITION

Replaced an explicit list of protected characteristics (race, creed, disability, etc.) with a reference to classes protected under the section.

REQUIREMENT

Changed the legal justification standard from 'substantial, legitimate, nondiscriminatory interests' to 'job related for the position in question and consistent with business necessity.'

Updated the burden of proof language to align with the new 'job related' and 'business necessity' standards.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jun 9, 2025

Committee

REPORTED REFERRED TO RULES

lower

Jun 5, 2025

Committee

REPORTED REFERRED TO CODES

lower

Jun 2, 2025

Lower · Passed

PRINT NUMBER 8699A

lower

Jun 2, 2025

Lower · Passed

AMEND AND RECOMMIT TO GOVERNMENTAL OPERATIONS

lower

May 30, 2025

Committee

REFERRED TO GOVERNMENTAL OPERATIONS

lower

1 primary · 1 co-sponsor