Bill Text: NY A00272 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to equality of rights and protection against discrimination.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2020-02-14 - opinion referred to judiciary [A00272 Detail]
Download: New_York-2019-A00272-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 272--B 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. SEAWRIGHT, OTIS, SIMOTAS, CRESPO, QUART, LENTOL, NIOU, GOTTFRIED -- read once and referred to the Committee on Judici- ary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to section 11 of article 1 of the constitution, in relation to equality of rights and protection against discrimination 1 Section 1. Resolved (if the Senate concur), That section 11 of article 2 1 of the constitution be amended to read as follows: 3 § 11. (a) No person shall be denied the equal protection of the laws 4 of this state or any subdivision thereof. No person shall, because of 5 race, color, ethnicity, national origin, age, disability, creed [or], 6 religion, or sex including pregnancy, sexual orientation, gender identi- 7 ty or expression, be subjected to any discrimination in or to any denial 8 or abridgment of his or her equal civil rights by any other person or by 9 any firm, corporation, or institution, or by the state or any agency or 10 subdivision of the state. The words "civil rights" mean any right that 11 impacts the equal opportunity of all the people of New York to enjoy a 12 full and productive life. 13 (b) This section shall not be construed to: 14 (1) preclude bona fide qualifications for a job, position, benefit or 15 service in a particular capacity if authorized by law with respect to 16 disability or age; or 17 (2) preclude reasonable accommodation with respect to disability or 18 pregnancy; or 19 (3) preclude a private educational institution that has a policy of 20 educating students of one sex or religion from limiting enrollment to 21 that sex or religion if so authorized by law; or 22 (4) modify the requirements of section three of this article; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89010-07-9A. 272--B 2 1 (5) invalidate or prevent the adoption of any law, regulation, program 2 or activity that has as its purpose the amelioration of conditions of 3 historically disadvantaged individuals or communities. 4 (c) (1) Nothing in this section shall be interpreted as prohibiting 5 legislative action which must be taken to establish or maintain eligi- 6 bility for any federal program, where ineligibility would result in a 7 loss of federal funds to the state. 8 (2) If any part of this section, or any action taken to enforce this 9 section, be finally declared invalid under federal law or the United 10 States Constitution, the section shall be implemented to the maximum 11 extent that federal law and the United States Constitution permit. Any 12 provision held invalid shall be severable from the remaining portions of 13 this section. 14 § 2. Resolved (if the Senate concur), That the foregoing amendment be 15 referred to the first regular legislative session convening after the 16 next succeeding general election of members of the assembly, and, in 17 conformity with section 1 of article 19 of the constitution, be 18 published for three months previous to the time of such election.