New York A 1196: Relates to actions involving public petition and participation

Bill Text

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A01196 Summary:

BILL NOA01196 

&nbsp

SAME ASSAME AS S02494

&nbsp

SPONSORSimon

&nbsp

COSPNSRGlick

&nbsp

MLTSPNSR

&nbsp

Amd §§70-a & 76-a, Civ Rts L

&nbsp

Provides that certain allegations made by employees involving employment discrimination shall be protected and matters of public interest in actions involving public petition and participation.

Go to top A01196 Actions:

BILL NOA01196 

&nbsp

01/09/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA01196 Committee&nbspVotes:

Go to topA01196 Floor&nbspVotes:

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

Go to topA01196 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1196

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. SIMON, GLICK -- read once and referred to the
 Committee on Judiciary

 AN ACT to amend the civil rights law, in relation to actions involving
 public petition and participation

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

 1 Section 1. Paragraph (b) of subdivision 1 of section 70-a of the
 2 civil rights law, as added by chapter 767 of the laws of 1992, is
 3 amended to read as follows:
 4 (b) other compensatory damages may only be recovered upon an addi-
 5 tional demonstration that the action involving public petition and
 6 participation was commenced or continued for the purpose of harassing,
 7 intimidating, punishing or otherwise maliciously inhibiting the free
 8 exercise of speech, petition or association rights, or rights under any
 9 federal, state, or local law preventing employment discrimination or
 10 retaliation; and
 11 § 2. Subdivision 1 of section 76-a of the civil rights law, as
 12 amended by chapter 250 of the laws of 2020, is amended to read as
 13 follows:
 14 1. For purposes of this section:
 15 (a) An "action involving public petition and participation" is a claim
 16 based upon:
 17 (1) any communication in a place open to the public or a public forum
 18 in connection with an issue of public interest; [or]
 19 (2) any other lawful conduct in furtherance of the exercise of the
 20 constitutional right of free speech in connection with an issue of
 21 public interest, or in furtherance of the exercise of the constitutional
 22 right of petition[.]; or
 23 (3) any allegation, wherever made, concerning unlawful employment
 24 discrimination under federal, state, or local law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02862-01-5

 A. 1196 2

 1 (b) "Claim" includes any lawsuit, cause of action, cross-claim, coun-
 2 terclaim, or other judicial pleading or filing requesting relief.
 3 (c) "Communication" shall mean any statement, claim, allegation in a
 4 proceeding, decision, protest, writing, argument, contention or other
 5 expression.
 6 (d) "Public interest" shall be construed broadly, and shall mean any
 7 subject other than a purely private matter.
 8 § 3. This act shall take effect immediately and shall apply to all
 9 actions commenced on and after such effective date.

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