NY senate passes bill to enhance protection in age discrimination, retaliation cases

The New York Senate has passed a bill to enhance protection in age discrimination, retaliation cases.

The bill, which was sponsored by Alessandra Biaggi, will clarify the standard for retaliation and age discrimination disparate treatment cases brought under New York State Human Rights law.

“This legislation will make it easier for victims of retaliation and age discrimination to receive protection under New York State Human Rights Law,” Biaggi said.

She added, “Recent federal court decisions have required a higher, and often unattainable, “but-for” standard.

“This causal standard requires the complainant to prove that they would not have been discriminated against but for their age or decision to report wrongdoing.”

She stated that the legislation will apply a more attainable standard– which simply requires a complainant to establish that their protected status was a “motivating factor” in the discrimination they experienced.

“By updating this standard, New York will no longer place the onus on victims and will make it easier for individuals to protect their rights,” she said.

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