S 2447: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 2447 2025-2026 Regular Sessions  IN SENATE January 17, 2025 ___________ Introduced by Sens. MAYER, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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