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A 4040

Codifies the disparate impact standard in the human rights law

2025 Regular Session Introduced by Alex Bores and 25 co-sponsors

Bill A 4040 codifies the disparate impact standard in human rights law, enhancing protections against discrimination for marginalized groups in employment, housing, and education.

RETURNED TO ASSEMBLY
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Bill Summary · A 4040

Summary of Bill A 4040: Codifies the Disparate Impact Standard in Human Rights Law

Bill Overview

  • Bill Number: A 4040
  • Title: Codifies the Disparate Impact Standard in the Human Rights Law
  • Status: Returned to Assembly
  • Introduced On: January 30, 2025
  • Classification: Bill

Purpose and Intent

Bill A 4040 aims to codify the "disparate impact" standard within the existing human rights law framework. This legal standard is designed to address policies or practices that may appear neutral but disproportionately affect individuals based on protected characteristics, such as race, gender, or disability. By formally incorporating this standard into the law, the bill seeks to enhance protections against discrimination and promote equality in various sectors, including employment, housing, and education.

Key Provisions

  • Codification of Disparate Impact: The bill explicitly defines and incorporates the disparate impact standard into human rights law, allowing individuals to challenge policies that result in unequal outcomes for protected groups, even if there is no intent to discriminate.
  • Legal Framework: Establishes a clearer legal framework for courts and agencies to evaluate cases of discrimination based on disparate impact, potentially leading to more consistent rulings and enforcement of human rights protections.
  • Guidance for Compliance: The bill may provide guidelines for organizations and institutions to assess their policies and practices to ensure they do not inadvertently create discriminatory effects.

Affected Parties

  • Individuals: The bill primarily benefits individuals from marginalized communities who may face systemic discrimination due to policies that do not explicitly target them but result in adverse outcomes.
  • Organizations: Employers, educational institutions, and housing providers will need to review and potentially revise their policies to comply with the new standard, ensuring they do not disproportionately impact protected groups.

Legislative Timeline

  • 2025-01-30: Bill A 4040 introduced and referred to Governmental Operations.
  • 2025-02-26: Bill amended and recommitted to Governmental Operations.
  • 2025-04-02: Reported and referred to Codes.
  • 2025-05-28: Reported and referred to Rules.
  • 2025-06-04: Bill reported and ordered to third reading.
  • 2025-06-06: Passed in the Assembly and delivered to the Senate.
  • 2025-06-11: Substituted for S4067A, passed in the Senate, and returned to the Assembly.

Related Legislation

  • S 4067: This bill serves as a companion to A 4040, likely addressing similar issues regarding the disparate impact standard in human rights law.

Conclusion

Bill A 4040 represents a significant step towards strengthening anti-discrimination protections by codifying the disparate impact standard in human rights law. Its passage could lead to more equitable treatment across various sectors, although it will require organizations to adapt their policies to align with the new legal expectations. The bill is currently returned to the Assembly for further consideration.

Compiled from official sources — confirm details with the bill’s official record.

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