The New York City Council - File #: Int 0983-2018

• 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: Committee
• File created: 6/7/2018
• In control: Committee on Civil and Human Rights
• On agenda: 6/7/2018
• 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, Deborah L. Rose, Carlina Rivera , Ben Kallos, Donovan J. Richards, Antonio Reynoso, Diana Ayala , Carlos Menchaca, Mark Levine, Jumaane D. Williams, Bill Perkins, Margaret S. Chin, Adrienne E. Adams

Date	Ver.	Action By	Action	Result
6/7/2018	*	City Council	Referred to Comm by Council
6/7/2018	*	City Council	Introduced by Council

Int. No. 983

By Council Members Rosenthal, Rose, Rivera, Kallos, Richards, Reynoso, Ayala, Menchaca, Levine, Williams, Perkins, Chin and Adams

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 employer retaliated or discr...