Bill Text: NY A02049 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits discrimination against religious attire and appurtenances thereto, including facial hair.

Spectrum: Strong Partisan Bill (Democrat 24-2)

Status: (Engrossed - Dead) 2016-06-06 - RECOMMITTED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [A02049 Detail]

Download: New_York-2015-A02049-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2049
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced  by  M.  of  A. WEPRIN, SCARBOROUGH, CAHILL, PAULIN, SCHIMEL,
         SEPULVEDA -- Multi-Sponsored by -- M. of A. ABBATE,  BRENNAN,  COLTON,
         COOK,  HIKIND,  HOOPER,  LAVINE,  MILLER, MOSLEY, ORTIZ, PERRY, RAMOS,
         RIVERA,  ROBERTS,  SALADINO,  SOLAGES,  WEINSTEIN  --  read  once  and
         referred to the Committee on Governmental Operations
       AN ACT to amend  the executive law, in relation to prohibiting discrimi-
         nation against religious attire
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 10 of section 296 of the exec-
    2  utive law, as amended by chapter 539 of the laws of 2002, is amended  to
    3  read as follows:
    4    (a)  It shall be an unlawful discriminatory practice for any employer,
    5  or an employee or agent thereof, to impose upon a person as a  condition
    6  of  obtaining  or  retaining  employment,  including  opportunities  for
    7  promotion, advancement or transfers, any terms or conditions that  would
    8  require  such  person  to violate or forego a sincerely held practice of
    9  his or her religion, including but not limited to the observance of  any
   10  particular day or days or any portion thereof as a sabbath or other holy
   11  day  in  accordance  with the requirements of his or her religion OR THE
   12  WEARING OF ANY ATTIRE, CLOTHING, OR FACIAL HAIR IN ACCORDANCE  WITH  THE
   13  REQUIREMENTS  OF  HIS  OR HER RELIGION, unless, after engaging in a bona
   14  fide effort, the employer demonstrates that it is unable  to  reasonably
   15  accommodate  the  employee's  or  prospective  employee's sincerely held
   16  religious observance or practice without undue hardship on  the  conduct
   17  of  the employer's business.  Notwithstanding any other provision of law
   18  to the contrary, an employee shall not be entitled to premium  wages  or
   19  premium  benefits  for work performed during hours to which such premium
   20  wages or premium benefits would ordinarily be applicable, if the employ-
   21  ee is working during such hours only as an accommodation to his  or  her
   22  sincerely  held  religious  requirements.  Nothing  in this paragraph or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07448-01-5
       A. 2049                             2
    1  paragraph (b) of this subdivision shall  alter  or  abridge  the  rights
    2  granted  to an employee concerning the payment of wages or privileges of
    3  seniority accruing to that employee.
    4    S 2. This act shall take effect immediately.