Legislation Details

File #: Int 0983-2018    Version: * Name: Creating a rebuttable presumption that retaliation or discrimination has occurred if a negative employment action occurs within 180 days of a person partaking in a protected activity under the city’s human rights law.
Type: Introduction Status: Filed (End of Session)
File created: 6/7/2018 In control: Committee on Civil and Human Rights
On agenda: 6/7/2018 Final action: 12/31/2021
Title: A Local Law to amend the administrative code of the city of New York, in relation to creating a rebuttable presumption that retaliation or discrimination has occurred if a negative employment action occurs within 180 days of a person partaking in a protected activity under the city's human rights law
Sponsors: Helen K. Rosenthal, Helen K. Rosenthal, Deborah L. Rose, Deborah L. Rose, Carlina Rivera , Carlina Rivera , Ben Kallos, Ben Kallos, Antonio Reynoso, Donovan J. Richards, Antonio Reynoso, Diana I. Ayala, Carlos Menchaca, Diana I. Ayala, Carlos Menchaca, Mark Levine, Mark Levine, Public Advocate Jumaane Williams, Bill Perkins, Jumaane D. Williams, Bill Perkins, Margaret S. Chin, Adrienne E. Adams, Margaret S. Chin, Adrienne E. Adams, James G. Van Bramer
Attachments: 1. Summary of Int. No. 983, 2. Int. No. 983, 3. June 7, 2018 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 6-7-18, 5. Minutes of the Stated Meeting - June 7, 2018
Int. No. 983

By Council Members Rosenthal, Rose, Rivera, Kallos, Reynoso, Ayala, Menchaca, Levine, the Public Advocate (Mr. Williams), Perkins, Chin, Adams and Van Bramer

Title
A Local Law to amend the administrative code of the city of New York, in relation to creating a rebuttable presumption that retaliation or discrimination has occurred if a negative employment action occurs within 180 days of a person partaking in a protected activity under the city's human rights law
Body

Be it enacted by the Council as follows:


Section 1. Subdivision 7 of section 8-107 of the administrative code of the city of New York, as amended by local law number 85 for the year 2005, is amended to read as follows:
7. Retaliation. (a) It shall be an unlawful discriminatory practice for any person engaged in any activity to which this chapter applies to retaliate or discriminate in any manner against any person because such person has (i) opposed any practice forbidden under this chapter, (ii) filed a complaint, testified or assisted in any proceeding under this chapter, (iii) commenced a civil action alleging the commission of an act which would be an unlawful discriminatory practice under this chapter, (iv) assisted the commission or the corporation counsel in an investigation commenced pursuant to this title, or (v) provided any information to the commission pursuant to the terms of a conciliation agreement made pursuant to section 8-115 of this chapter. The retaliation or discrimination complained of under this subdivision need not result in an ultimate action with respect to employment, housing or a public accommodation or in a materially adverse change in the terms and conditions of employment, housing, or a public accommodation, provided, however, that the retaliatory or discriminatory act or acts complained of must be reasonably likely to deter a person from engaging in protected activity.
(b) There shall be a rebuttable presumption that an ...

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