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S04199 Summary:

BILL NOS04199
 
SAME ASSAME AS A01310
 
SPONSORGOUNARDES
 
COSPNSRBROUK, HOYLMAN-SIGAL, JACKSON, KRUEGER, MYRIE, RAMOS, RIVERA, SALAZAR
 
MLTSPNSR
 
Amd §74, Civ Rts L
 
Prohibits a cause of action for defamation where the subject of such action includes an allegation made to an employer regarding an unlawful discriminatory practice or act of retaliation.
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S04199 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4199
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 3, 2025
                                       ___________
 
        Introduced  by  Sens. GOUNARDES, BROUK, HOYLMAN-SIGAL, JACKSON, KRUEGER,
          MYRIE, RAMOS, RIVERA, SALAZAR -- read twice and ordered  printed,  and
          when printed to be committed to the Committee on Codes
 
        AN  ACT  to amend the civil rights law, in relation to libel and defama-
          tion actions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 74 of the civil rights law, as added by chapter 310
     2  of the laws of 1962, is amended to read as follows:
     3    §  74.  Privileges  in action for libel or defamation.  1. (a) A civil
     4  action cannot be maintained against any person, firm or corporation, for
     5  the publication of a fair and true report of  any  judicial  proceeding,
     6  legislative  proceeding or other official proceeding, or for any heading
     7  of the report which is  a  fair  and  true  headnote  of  the  statement
     8  published.
     9    (b)  This  section  does  not  apply to a libel contained in any other
    10  matter added by any person concerned  in  the  publication;  or  in  the
    11  report of anything said or done at the time and place of such a proceed-
    12  ing which was not a part thereof.
    13    2.  No  cause of action for defamation can be maintained by any person
    14  or entity, against any person or  entity,  where  the  subject  of  such
    15  action  includes  a protected allegation, whether such protected allega-
    16  tion is formal or informal, oral or in writing.  "Protected  allegation"
    17  shall  mean  an  allegation made to an employer or its agent by a person
    18  protected by the New York state human rights law or New York city  human
    19  rights  law,  or  such person's agent, of (a) an unlawful discriminatory
    20  practice as defined by the New York state human rights law or  New  York
    21  city  human  rights law, where such allegation relates to employment, or
    22  (b) employment discrimination (including retaliation) prohibited by  any
    23  federal, state, or local law.
    24    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02616-01-5
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