S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4828
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 11, 2013
                                      ___________
       Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
         Committee on Governmental Operations
       AN ACT to amend the executive law, in relation to unlawful discriminato-
         ry practices by government agencies relating to persons with attention
         deficit disorders
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The executive law is amended by adding a new section 296-c
    2  to read as follows:
    3    S 296-C. UNLAWFUL  DISCRIMINATORY  PRACTICES  BY  GOVERNMENT  AGENCIES
    4  RELATING  TO  PERSONS  WITH  ATTENTION  DEFICIT  DISORDERS.  1.  FOR THE
    5  PURPOSES OF THIS SECTION:
    6    (A) "GOVERNMENT AGENCY" SHALL MEAN ANY  DEPARTMENT,  DIVISION,  BOARD,
    7  BUREAU,  COMMISSION, OFFICE, AGENCY, CORRECTIONAL FACILITY, AUTHORITY OR
    8  PUBLIC CORPORATION OF THE STATE OR  A  COUNTY,  CITY,  TOWN  OR  VILLAGE
    9  GOVERNMENT  OR  ANY  OTHER INSTRUMENTALITY OF LOCAL GOVERNMENT OR PUBLIC
   10  EDUCATIONAL INSTITUTION.
   11    (B) "ATTENTION DEFICIT DISORDERS" SHALL  MEAN  AND  INCLUDE  ATTENTION
   12  DEFICIT DISORDER AND ATTENTION DEFICIT HYPERACTIVITY DISORDER.
   13    2.  IT  SHALL  BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR A GOVERNMENT
   14  AGENCY EMPLOYER TO DENY EMPLOYMENT TO A PROSPECTIVE EMPLOYEE  SOLELY  ON
   15  THE  BASIS  THAT SUCH PROSPECTIVE EMPLOYEE HAS PREVIOUSLY BEEN DIAGNOSED
   16  AS HAVING AN ATTENTION DEFICIT DISORDER AND HAS BEEN  TREATED  FOR  SUCH
   17  DISORDER  WITH  PSYCHO-STIMULANTS,  SELECTIVE SEROTONIN REUPTAKE INHIBI-
   18  TORS, ANTIDEPRESSANTS AND/OR OTHER DRUGS PRESCRIBED FOR SUCH  DISORDERS,
   19  PROVIDED  THAT SUCH PERSON HAS NOT TAKEN SUCH MEDICATION FOR A PERIOD OF
   20  ONE YEAR PRIOR TO THE START DATE OF SUCH EMPLOYMENT.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07959-01-3