New York Codifies Disparate Impact Protections

The Details

New York state has enacted legislation (Senate Bill 8338), which codifies disparate impact protections. Senate Bill 8338 took effect on Dec.  19, 2025.

Background

The New York State Human Rights Law prohibits New York employers from engaging in discrimination based on certain protected characteristics.

Senate Bill 8338

Under Senate Bill 8338, an unlawful discriminatory practice (a practice that actually or predictably results in a disparate impact on a group of individuals due to their membership in a protected class) may violate the law, even in circumstances where the alleged discrimination is not motivated by discriminatory intent.

Exceptions

A practice may be lawful if it has a legally sufficient reason that is supported by evidence and is not hypothetical or speculative, such as when it is:

• Job-related for the position;
• Consistent with business necessity; and
• The business necessity could not be met by another practice with a less discriminatory effect.

Next Steps

New York employers should review and update their policies and practices and train supervisors on the law to help ensure compliance with Senate Bill 8338.