What's happening
This bill makes employees personally liable, along with their employers, for damages from unlawful discriminatory practices they commit.
Why it matters
Increases personal accountability. The bill means that individual employees can be held personally responsible for discriminatory acts they commit at work, not just the company as a whole. This could lead to more careful personal behavior and decision-making.
Potential financial impact on individuals. Employees found to have engaged in unlawful discrimination could be required to personally pay damages, which may have significant financial consequences for them beyond what their employer might pay.
May change workplace dynamics. Knowing that personal liability is possible, employees and supervisors may be more vigilant about compliance with anti-discrimination laws, potentially leading to changes in workplace culture, training, and reporting practices.
Expands avenues for victims. Individuals who experience discrimination may have greater chances of recovering damages, since both the employer and the responsible employee could be pursued for compensation.
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Who cares
Headline styles
Hold Employees Liable for Discrimination
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History
- Referred to governmental operations
- Referred to governmental operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1067
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to the liability of an employee committing an unlawful discriminatory practice
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 299-a to read as follows:
§ 299-a. Liability of employees. When the division has found an employer to be liable for an unlawful discriminatory practice or practices under this article, the employee responsible for committing such unlawful discriminatory practice or practices shall be jointly and severally liable with the employer for any damages awarded under this article.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04823-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.