What's happening
This bill makes employees personally liable, along with employers, for damages from unlawful discriminatory practices in New York.
Why it matters
Personal accountability is heightened. By making employees directly liable for damages, this bill means individuals who actually engage in discriminatory acts can be held financially responsible, not just their employers.
Potential deterrence effect. Knowing they could face personal financial consequences might discourage employees from engaging in unlawful discriminatory practices at work.
Victims may have improved recourse. This change could increase the likelihood that victims of discrimination receive full compensation, since damages could be collected from both the employer and the responsible individual.
Shifts workplace dynamics and risk. The bill could influence how employers and employees approach training, supervision, and reporting of discrimination, as both parties now share direct legal and financial risk.
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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
1620
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
Introduced by M. of A. 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.
LBD04162-01-5
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.