New York A 2362: Relates to certain discriminatory practices; and to the qualification of professionals in education

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A02362 Summary:

BILL NOA02362 

&nbsp

SAME ASSAME AS S04154

&nbsp

SPONSORSolages

&nbsp

COSPNSRBrown K, Ramos

&nbsp

MLTSPNSR

&nbsp

Amd §§296 & 292, add §297-a, Exec L; add §§3009-a & 3039, amd §§3009 & 3813, Ed L; amd §§40-c & 40-d, add
§§49 & 49-a, Civ Rts L

&nbsp

Relates to certain discriminatory practices; relates to the qualification of professionals in education; provides for the tolling of certain statutes of limitations; provides a private cause of action for a person who is qualified for a public contract who has been deprived of equal opportunity to such public contract.

Go to top A02362 Actions:

BILL NOA02362 

&nbsp

01/16/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA02362 Committee&nbspVotes:

Go to topA02362 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02362 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2362

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 16, 2025
 ___________

 Introduced by M. of A. SOLAGES, K. BROWN -- read once and referred to
 the Committee on Governmental Operations

 AN ACT to amend the executive law, the civil rights law and the educa-
 tion law, in relation to certain discriminatory practices; and to
 amend the education law, in relation to the hiring and qualification
 of professionals in education

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "Hiring Outstanding Professionals in Education (HOPE) Act".
 3 § 2. Section 296 of the executive law is amended by adding eleven new
 4 subdivisions 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33 to read as
 5 follows:
 6 23. It shall be an unlawful discriminatory practice for an employer or
 7 licensing agency to bar any member of a protected class from an employ-
 8 ment opportunity by violating an established law or policy that would
 9 have provided such member of the protected class with equal employment
 10 opportunity.
 11 24. The only legitimate business or occupational necessity exemption
 12 for excluding a protected class from equal employment opportunity shall
 13 be a real occupational qualification or a lawful protected status
 14 oriented contract.
 15 25. It shall be an unlawful discriminatory practice for a person or
 16 agency to deny equal opportunity to a full and productive life by
 17 assigning or approving an advantage or disadvantage in opportunity to
 18 persons according to age, race, creed, color, national origin, sexu-
 19 al orientation, gender identity or expression, military status, sex,
 20 disability, predisposing genetic characteristics, familial status, mari-
 21 tal status, status as a victim of domestic violence or previous condi-
 22 tion of servitude.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04544-01-5

 A. 2362 2

 1 26. It shall be an unlawful discriminatory practice for a person or
 2 agency to violate federal civil rights law or engage in an unlawful
 3 discriminatory practice as defined by federal civil rights law.
 4 27. It shall be an unlawful discriminatory practice for a person or
 5 agency to engage in disparate treatment. Unlawful discriminatory prac-
 6 tice by disparate treatment occurs when:
 7 (a) the individual being discriminated against is a member of a
 8 protected class and the employer, institution or person knows the indi-
 9 vidual's protected class or knows that members of the protected class
 10 require equal treatment;
 11 (b) the act favors or assigns advantage to one protected class over
 12 another protected class; and
 13 (c) the reason for the act did not include a documented or otherwise
 14 verified assessment or evaluation of members of both the favored
 15 protected class and the unfavored protected class or the reason for the
 16 act did not justify a person of one protected class being favored over a
 17 person of another protected class.
 18 28. It shall be an unlawful discriminatory practice for a person or
 19 agency to engage in acts of disparate impact. Unlawful discriminatory
 20 pr