Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
3398
2025-2026 Regular Sessions
I N S E N A T E
January 27, 2025
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the executive law, in relation to prohibiting retali-
ation against individuals who request a reasonable accommodation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "reasonable accommodation anti-retaliation act".
§ 2. Legislative findings. The legislature finds and declares that
reasonable accommodations are an essential feature of the anti-discrimi-
nation provisions of the executive law, including but not limited to,
subdivisions 2, 2-a, 3, 10, 14, 18, and 22 of section 296 of the execu-
tive law.
The legislature further finds and declares that explicit anti-retalia-
tion protections for accommodation requests will help ensure that indi-
viduals maintain full access to the rights, protections, and remedies
available under the anti-discrimination provisions of the executive law.
The amendments in this act are declarative of and clarify existing
law. This act shall not be construed to mean that the executive law
does not already prohibit retaliation for requesting a reasonable accom-
modation.
§ 3. Subdivision 7 of section 296 of the executive law, as amended by
chapter 140 of the laws of 2022, is amended to read as follows:
7. It shall be an unlawful discriminatory practice for any person
engaged in any activity to which this section applies to retaliate or
discriminate against any person because [he or she] SUCH PERSON has (I)
opposed any practices forbidden under this article [or because he or she
has], (II) filed a complaint, testified, or assisted in any proceeding
under this article, OR (III) REQUESTED A REASONABLE ACCOMMODATION UNDER
THIS ARTICLE. Retaliation may include, but is not limited to, disclos-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07392-01-5
S. 3398 2
ing an employee's personnel files because [he or she] SUCH EMPLOYEE has
(I) opposed any practices forbidden under this article [or because he or
she has], (II) filed a complaint, testified, or assisted in any proceed-
ing under this article, OR (III) REQUESTED A REASONABLE ACCOMMODATION
UNDER THIS ARTICLE, except where such disclosure is made in the course
of commencing or responding to a complaint in any proceeding under this
article or any other civil or criminal action or other judicial or
administrative proceeding as permitted by applicable law.
§ 4. This act shall take effect immediately and shall apply to all
actions filed on or after the effective date.Every fact on this page links to its source, starting with the official bill record.