A 4992: Clarifies the standard for intentional discrimination or retaliation claims by requiring a person or persons prove that an unlawful motivation was a motivating factor and not "the sole motivating factor" or a "but-for cause" of the challenged treatment.
The bill aims to clarify the standard for determining when a practice has a discriminatory effect. A practice can be considered discriminatory even if it was not motivated by discriminatory intent, as long as it has a legally sufficient justification. To establish a legally sufficient justification, the practice must serve a substantial, legitimate, and nondiscriminatory interest of the respondent. This interest must be necessary to achieve the interest, and it could not be served by another practice with a less discriminatory effect. The burden of proof for establishing a discriminatory effect and a justification lies with the complainant and the respondent, respectively. If the respondent proves the justification, the complainant may still prevail if they can show that a less discriminatory alternative exists. The bill does not limit or restrict the broader interpretation of discrimin…
- What is the current status of A 4992?
- As of January 8, 2026, A 4992 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "referred to governmental operations".
- Did A 4992 pass?
- Not yet. A 4992 has been introduced and has not passed either house.
- Who wrote A 4992, and where is it now?
- A 4992 was authored by Asm. Rodneyse Bichotte Hermelyn with 6 coauthors. Its committee of record is Assembly Governmental Operations. It is filed under EXC, alongside 143 other New York EXC bills this session.
| Jan. 07, 2026 | referred to governmental operations |
| May. 29, 2025 | amend by restoring to original print 4992 |
| May. 21, 2025 | print number 4992a |
| May. 21, 2025 | amend (t) and recommit to governmental operations |
| Feb. 10, 2025 | referred to governmental operations |
STATE OF NEW YORK ________________________________________________________________________ 4992 2025-2026 Regular Sessions IN ASSEMBLY February 10, 2025 ___________ Introduced by M. of A. BICHOTTE HERMELYN, GONZALEZ-ROJAS, SHIMSKY, BURDICK, DAVILA, REYES, SIMON -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the executive law, in relation to clarifying the stand- ard for intentional discrimination or retaliation claims The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 296 of the executive law is amended by adding a new 2 subdivision 23 to read as follows: 3 23. Notwithstanding any federal or local statute to the contrary, a 4 person or persons bringing intentional discrimination or retaliation 5 claims under this article shall be required to prove that an unlawful 6 motivation was a motivating factor and not "the sole motivating factor" 7 or a "but-for cause" of the challenged treatment. 8 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03515-01-5