A 2589: Waives the state's sovereign immunity in state and federal courts with regard to liability for violations of the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act; waives the immunity of all instrumentalities and political subdivisions of the state.
The state of New York is waiving its sovereign immunity to claims under several federal laws. This means that the state will no longer be immune from lawsuits related to these laws, allowing individuals to bring claims against the state in state and federal courts. The waived laws include the Americans with Disabilities Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act. These laws will apply to the state and its instrumentalities, and the provisions of these acts will take effect immediately.
| Apr. 29, 2026 | REFERRED TO CODES |
| Apr. 29, 2026 | delivered to senate |
| Apr. 29, 2026 | passed assembly |
| Jan. 07, 2026 | ordered to third reading cal.94 |
| Jan. 07, 2026 | RETURNED TO ASSEMBLY |
STATE OF NEW YORK ________________________________________________________________________ 2589 2025-2026 Regular Sessions IN ASSEMBLY January 21, 2025 ___________ Introduced by M. of A. KELLES, LUPARDO, JACOBSON, MEEKS, SANTABARBARA, OTIS, EPSTEIN, BUTTENSCHON, SEAWRIGHT, SIMON, STECK, DAVILA, REYES, COLTON, ANGELINO, BURDICK, WEPRIN -- read once and referred to the Committee on Governmental Operations AN ACT to amend the civil rights law, in relation to waiving the state's sovereign immunity to claims under the Americans with Disabilities Act of 1990, the Fair Labor Standards Act of 1938, the Age Discrimination in Employment Act of 1967, and the Family and Medical Leave Act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil rights law is amended by adding a new section 16 2 to read as follows: 3 § 16. Waiver of state immunity. The state hereby waives its sovereign 4 immunity with regard to all claims, actions and proceedings brought 5 pursuant to the federal Americans with Disabilities Act of 1990 (P.L. 6 101-336, as amended), the federal Fair Labor Standards Act of 1938, the 7 federal Age Discrimination in Employment Act of 1967, and the federal 8 Family and Medical Leave Act. The provisions of such acts shall apply 9 to the state, and any instrumentality or political subdivision thereof. 10 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00051-01-5