Bill Text: NY A10002 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to prohibiting retaliation against individuals who request a reasonable accommodation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-01 - referred to governmental operations [A10002 Detail]

Download: New_York-2023-A10002-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10002

                   IN ASSEMBLY

                                       May 1, 2024
                                       ___________

        Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
          tee on Governmental Operations

        AN ACT to amend the executive law, in relation  to  prohibiting  retali-
          ation against individuals who request a reasonable accommodation

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "reasonable accommodation anti-retaliation act".
     3    §  2.  Legislative  findings.  The legislature finds and declares that
     4  reasonable accommodations are an essential feature of the anti-discrimi-
     5  nation provisions of the executive law, including but  not  limited  to,
     6  subdivisions  2, 2-a, 3, 10, 14, 18, and 22 of section 296 of the execu-
     7  tive law.
     8    The legislature further finds and declares that explicit anti-retalia-
     9  tion protections for accommodation requests will help ensure that  indi-
    10  viduals  maintain  full  access to the rights, protections, and remedies
    11  available under the anti-discrimination provisions of the executive law.
    12    The amendments in this act are declarative  of  and  clarify  existing
    13  law.    This  act  shall not be construed to mean that the executive law
    14  does not already prohibit retaliation for requesting a reasonable accom-
    15  modation.
    16    § 3. Subdivision 7 of section 296 of the executive law, as amended  by
    17  chapter 140 of the laws of 2022, is amended to read as follows:
    18    7.  It  shall  be  an  unlawful discriminatory practice for any person
    19  engaged in any activity to which this section applies  to  retaliate  or
    20  discriminate  against any person because [he or she] such person has (i)
    21  opposed any practices forbidden under this article [or because he or she
    22  has], (ii) filed a complaint, testified, or assisted in  any  proceeding
    23  under  this article, or (iii) requested a reasonable accommodation under
    24  this article.  Retaliation may include, but is not limited to,  disclos-
    25  ing  an employee's personnel files because [he or she] such employee has
    26  (i) opposed any practices forbidden under this article [or because he or
    27  she has], (ii) filed a complaint, testified, or assisted in any proceed-
    28  ing under this article, or (iii) requested  a  reasonable  accommodation

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14536-01-4
        A. 10002                            2

     1  under  this  article, except where such disclosure is made in the course
     2  of commencing or responding to a complaint in any proceeding under  this
     3  article  or  any  other  civil  or  criminal action or other judicial or
     4  administrative proceeding as permitted by applicable law.
     5    §  4.  This  act  shall take effect immediately and shall apply to all
     6  actions filed on or after the effective date.