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S 9284

Provides for the establishment of a nexus with the state of New York relating to unlawful discriminatory practices

2025 Regular Session Introduced by Zellnor Myrie

Expands New York reach to file discrimination claims tied to New York residents, employment, or activities even when the discriminatory conduct occurs outside the state.

REPORTED AND COMMITTED TO JUDICIARY
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Bill Summary · S 9284

Summary of Bill S. 9284 (2025-2026, New York)

Purpose and intent

  • The bill amends the New York Executive Law to establish a state-based nexus for unlawful discriminatory practices, even when the discriminatory conduct occurs outside New York, provided certain connections to New York exist.
  • Its overarching aim is to enable New York to pursue actions against discriminatory practices that have sufficient ties to the state, thereby strengthening New York’s ability to deter and remedy discrimination.

Key provisions and changes

  • Section 300 (Executive Law) is amended with these core elements:
    • Remedial Construction: The article remains to be construed liberally to accomplish its remedial purposes; exemptions are to be narrowly read to maximize deterrence of discrimination. It clarifies that the article does not repeal other New York discrimination laws, but for section 296-type claims, the article’s procedure is exclusive while pending.
    • Nexus Requirement: For most provisions regulating employers, licensing agents, labor organizations, employees, and agents, an unlawful discriminatory practice does not need to have a direct impact in New York to be subject to the article. Instead, the practice must have a sufficient nexus with New York.
    • Conduct Defined: “Conduct” includes any unlawful discriminatory practice involving a decision, action or failure to act, or a policy that is unlawful.
    • Standards for Sufficient Nexus (subsection 4):
    • A. If the aggrieved party is a New York resident during some portion of the discriminatory period, regardless of where the conduct occurred.
    • B. If the conduct relates to an employment or independent contractor relationship located in New York, regardless of the aggrieved party’s residence or where the conduct happened.
    • C. If the conduct occurred wholly or partly in New York, regardless of where the impact was felt.
    • Employment/Contract Relationship Tests (subsection 5):
    • Includes situations where:
      • There is periodic in-person presence in a New York office/facility (even if infrequent) due to employment.
      • Services are regularly performed in New York.
      • A reporting relationship exists with an employer where the supervisor/employee in New York is subject to supervision with periodic presence.
    • Flexible Nexus (subsection 6):
    • A nexus can also be established based on other facts and circumstances persuasive to a factfinder.
    • Affirmative Defenses (subsections 7-8):
    • If a nexus is based on residence/authorization to do business in New York and the respondent/defendant can show:
      • Not authorized to do business in New York,
      • Did not actually do business in New York,
      • Was not a resident of New York.
    • If a nexus based on a policy-maker’s in-state participation (subsection 5, paragraph c) is claimed, the respondent can defend by showing the participation was transient and incidental to the decision/policy.
  • Effective date: The act takes effect immediately upon passage.

Who/what would be affected

  • Employers, licensing agents, labor organizations, employees, and their agents operating in or with ties to New York.
  • Entities that have discriminatory practices related to employment or contractual relationships connected to New York, including situations where the discrimination occurs outside the state but has a sufficient nexus to New York.
  • The bill broadens enforcement reach of New York discriminatory-practice laws to actions with substantial New York connections.

Procedural and timeline aspects

  • Intent and procedural framework are aligned with the existing remedial approach in the executive law, with the note that for certain claims, the procedure in this article would be exclusive while pending.
  • The act is currently in the investigative/government operations committee, with a sponsor from the Senate (Sen. Myrie) and co-sponsor Sen. Zellnor Myrie.
  • Effective date: immediate upon enactment.

Potential impact and considerations

  • Expands New York’s authority to address discrimination that affects New York residents or involves New York-based employment relationships, even when discriminatory actions occur elsewhere.
  • Creates a clearer framework for establishing jurisdiction through nexus, potentially increasing liability exposure for out-of-state conduct with New York connections.
  • The flexible “nexus” standard allows consideration of several factors, potentially broadening or narrowing depending on fact patterns and judicial interpretation.
  • Affirmative defenses provide protections for entities without New York presence or authorization and for transient involvement by decision-makers, which could influence litigation strategy and outcomes.

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

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