New York Adds Explicit Disparate Impact Claim to Job Bias Law

New York state’s human rights law will explicitly bar employment practices that unintentionally discriminate against workers based on race, sex, or other protected traits, under legislation signed into law by Gov. Kathy Hochul (D).

The measure (S8338) Hochul approved Friday adds language making clear that practices with a disparate impact are illegal. Under the new law, employers can justify such practices by proving they’re related to the job and based on business necessity that couldn’t be accomplished by a less-discriminatory alternative.

The expansion of New York’s civil rights law runs counter to moves by the Trump administration to ...