Clarifies the standard for when a practice has a discriminatory effect

Workers can challenge discrimination without proving intent

New York workers and job applicants can challenge discriminatory work practices without proving an intent to discriminate. They must first prove that a practice caused or predictably will cause unequal effects on a legally protected group. The employer must then prove the practice is job-related and needed for the business, using evidence rather than speculation. Workers can still win by proving that another practice with less discriminatory effects meets the same business need. This business-need defense does not excuse intentional discrimination, and the law preserves broader protections and grounds for liability. The law takes effect immediately and applies to employment discrimination occurring on or after that date. It also authorizes immediate rulemaking to put these standards into effect.