Bill Text: NY A08792 | 2013-2014 | General Assembly | Introduced

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Bill Title: Clarifies that employers must perform a reasonable accommodation analysis for employees with pregnancy-related conditions.

Spectrum: Strong Partisan Bill (Republican 24-2)

Status: (Introduced - Dead) 2014-05-28 - held for consideration in governmental operations [A08792 Detail]

Download: New_York-2013-A08792-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8792
                                 I N  A S S E M B L Y
                                   February 14, 2014
                                      ___________
       Introduced by M. of A. WALTER -- read once and referred to the Committee
         on Governmental Operations
       AN  ACT  to  amend the executive law, in relation to reasonable accommo-
         dation
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  21-e of section 292 of the executive law, as
    2  added by chapter 269 of the laws of 1997, is amended and a new  subdivi-
    3  sion 21-f is added to read as follows:
    4    21-e.  The  term  "reasonable accommodation" means actions taken which
    5  permit an employee, prospective employee or member with a disability, OR
    6  A PREGNANCY-RELATED CONDITION, to perform in  a  reasonable  manner  the
    7  activities involved in the job or occupation sought or held and include,
    8  but are not limited to, provision of an accessible worksite, acquisition
    9  or modification of equipment, support services for persons with impaired
   10  hearing  or  vision,  job  restructuring  and  modified  work schedules;
   11  provided, however, that such actions do not impose an undue hardship  on
   12  the  business,  program or enterprise of the entity from which action is
   13  requested.
   14    21-F. THE TERM "PREGNANCY-RELATED CONDITION" MEANS A MEDICAL CONDITION
   15  RELATED TO PREGNANCY OR CHILDBIRTH  THAT  INHIBITS  THE  EXERCISE  OF  A
   16  NORMAL BODILY FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL
   17  OR  LABORATORY  DIAGNOSTIC  TECHNIQUES;  PROVIDED,  HOWEVER, THAT IN ALL
   18  PROVISIONS OF THIS ARTICLE DEALING WITH EMPLOYMENT, THE  TERM  SHALL  BE
   19  LIMITED  TO  CONDITIONS WHICH, UPON THE PROVISION OF REASONABLE ACCOMMO-
   20  DATIONS, DO NOT PREVENT THE COMPLAINANT FROM PERFORMING IN A  REASONABLE
   21  MANNER  THE ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION SOUGHT OR HELD;
   22  AND PROVIDED FURTHER, HOWEVER, THAT PREGNANCY-RELATED  CONDITIONS  SHALL
   23  BE TREATED AS TEMPORARY DISABILITIES FOR THE PURPOSES OF THIS ARTICLE.
   24    S  2.  Paragraph  (a) of subdivision 3 of section 296 of the executive
   25  law, as added by chapter 269 of the laws of 1997, is amended and  a  new
   26  paragraph (c) is added to read as follows:
   27    (a)  It  shall be an unlawful discriminatory practice for an employer,
   28  licensing agency, employment agency or labor organization to  refuse  to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13892-01-4
       A. 8792                             2
    1  provide reasonable accommodations to the known disabilities, OR PREGNAN-
    2  CY-RELATED CONDITIONS, of an employee, prospective employee or member in
    3  connection with a job or occupation sought or held or participation in a
    4  training program.
    5    (C) THE EMPLOYEE MUST COOPERATE IN PROVIDING MEDICAL OR OTHER INFORMA-
    6  TION  THAT  IS  NECESSARY  TO  VERIFY THE EXISTENCE OF THE DISABILITY OR
    7  PREGNANCY-RELATED CONDITION, OR THAT IS NECESSARY FOR  CONSIDERATION  OF
    8  THE  ACCOMMODATION. THE EMPLOYEE HAS A RIGHT TO HAVE SUCH MEDICAL INFOR-
    9  MATION KEPT CONFIDENTIAL.
   10    S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
   11  sion, section or part of this act shall be adjudged by a court of compe-
   12  tent jurisdiction to be invalid, such judgment shall not affect,  impair
   13  or invalidate the remainder thereof, but shall be confined in its opera-
   14  tion  to  the  clause, sentence, paragraph, subdivision, section or part
   15  thereof directly involved in the  controversy  in  which  such  judgment
   16  shall  have been rendered. It is hereby declared to be the intent of the
   17  legislature that this act would have been enacted even if  such  invalid
   18  provisions had not been included herein.
   19    S  4.  This  act  shall take effect on the sixtieth day after it shall
   20  have become a law.