A 1548: Permits the admissibility of testimony that a person reported acts of discrimination to another person in a civil trial under the human rights law, including the contents of such report.
The bill aims to amend the civil practice law and rules to allow certain testimony and evidence in cases of discrimination. The definition of "discrimination" includes various forms of unlawful practices based on protected characteristics. In civil actions, evidence that a party alleging discrimination reported the incident to another person, including the contents of the report, can be admitted as an exception to the inadmissibility of hearsay. This evidence must have been made before the last adverse action complained of or promptly after it was taken. The proponent of the evidence must demonstrate that the reporting was made under circumstances that render it reasonably reliable. This rule only applies to civil matters and does not apply in criminal proceedings. The changes take effect immediately for all actions filed on or after the effective date.
| Jan. 07, 2026 | referred to judiciary |
| Jan. 10, 2025 | referred to judiciary |
STATE OF NEW YORK ________________________________________________________________________ 1548 2025-2026 Regular Sessions IN ASSEMBLY January 10, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to permit- ting certain testimony and evidence by a person alleging discrimi- nation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil practice law and rules is amended by adding a 2 new rule 4552 to read as follows: 3 Rule 4552. Admissibility of allegations of discrimination; hearsay 4 exception. (a) When used in this rule, "discrimination" shall mean any 5 unlawful discriminatory practice pursuant to article fifteen of the 6 executive law, including unlawful discriminatory practices based on 7 race, creed, color, national origin, sexual orientation, gender identity 8 or expression, military status, age, sex, marital status, childbearing 9 potential, disability, or familial status. 10 (b) In a civil action, at the trial or upon the hearing of a motion or 11 an interlocutory proceeding, evidence that a party alleging discrimi- 12 nation, including but not limited to sexual harassment and/or miscon- 13 duct, reported such discrimination or facts giving rise to an inference 14 of such discrimination to another person, including evidence concerning 15 the contents of such report or statement of facts, may be admitted as an 16 exception to the inadmissibility of hearsay to support the allegation 17 that discrimination occurred. 18 (c) For evidence of a report or statement to be admissible under this 19 rule, such report or statement must have been made before the last 20 adverse action complained of is taken, or promptly after such action is 21 taken. Promptness shall be determined by all facts and circumstances, 22 giving due regard to the sensitivity of the subject matter, the mental 23 state of the party alleging discrimination, or any other relevant infor- 24 mation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03957-01-5A. 1548 2 1 (d) The proponent of such evidence has the burden of demonstrating 2 that the reporting was made under circumstances which render it reason- 3 ably reliable. 4 (e) This rule is only applicable in civil matters and shall not apply 5 in criminal proceedings. 6 § 2. This act shall take effect immediately and apply to all actions 7 filed on or after such effective date.