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S8338

An act to amend the Executive Law to codify disparate impact analysis for workplace discrimination cases — 2025-06-09 · Calendar #1725

The New York State Senate passed legislation Tuesday to codify disparate impact analysis for workplace discrimination cases under the state's Human Rights Law, with a vote of 58-3. Senate Print 8338, sponsored by Sen. Mayer, was advanced in response to a Trump administration executive order issued in April 2025 that declared disparate impact analysis unconstitutional and directed the federal government to eliminate its use in civil rights enforcement. Mayer argued the bill is necessary to preserve New York's longstanding commitment to robust antidiscrimination protections in employment and ensure plaintiffs can continue bringing disparate impact cases under state law despite federal efforts to curtail such analysis. Senators Canzoneri-Fitzpatrick, Lanza, and Walczyk voted against the measure.
PASSED Ayes: 58 · Nays: 3

Debate Summary

Sen. Mayer explained her affirmative vote, stating the bill codifies disparate impact analysis under New York's Human Rights Law in response to a Trump administration executive order issued in April 2025 that declared disparate impact analysis unconstitutional and directed the federal government to eliminate its use. Mayer argued the bill is necessary to preserve New York's longstanding commitment to robust antidiscrimination protections in employment and ensure plaintiffs can continue bringing disparate impact cases under state law despite federal efforts to curtail such analysis.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Canzoneri-Fitzpatrick nay Republican
Lanza nay Republican
Walczyk nay Republican