S 8036: Relates to liability for unlawful discriminatory practices based upon the conduct of an employee or agent; provides that an employer, licensing agency, employment agency, or labor organization shall be liable for an unlawful discriminatory practice based upon the conduct of an employee or agent where the employee or agent exercised managerial or supervisory responsibility or the conduct was carried out by a non-managerial or non-supervisory employee and such conduct was not stopped or corrected.

  
  STATE OF NEW YORK ________________________________________________________________________ 8036 2025-2026 Regular Sessions  IN SENATE May 15, 2025 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the executive law, in relation to liability for unlawful discriminatory practices based upon the conduct of an employee or agent 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 1-b to read as follows: 3 1-b. An employer, licensing agency, employment agency, or labor organ- 4 ization shall be liable for an unlawful discriminatory practice based 5 upon the conduct of an employee or agent which is in violation of subdi- 6 vision one of this section where: 7 (a) the employee or agent exercised managerial or supervisory respon- 8 sibility; or 9 (b) where the violative conduct was carried out by a non-managerial or 10 non-supervisory employee, and the employer, licensing agency, employment 11 agency or labor organization knew of the non-managerial or non-supervi- 12 sor employee's or agent's discriminatory conduct, and acquiesced in such 13 conduct or failed to take immediate and/or appropriate corrective 14 action. An employer, licensing agency, employment agency, or labor 15 organization shall be deemed to have knowledge of a non-managerial or 16 non-supervisory employee's or agent's discriminatory conduct where that 17 conduct was known by another employee or agent who exercised managerial 18 or supervisory responsibility; or 19 (c) the employer, licensing agency, employment agency, or labor organ- 20 ization should have known of the non-managerial or non-supervisory 21 employee's or agent's discriminatory conduct and failed to exercise 22 reasonable diligence to prevent or stop such discriminatory conduct. 23 § 2. This act shall take effect on the one hundred eightieth day after 24 it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13119-01-5