Bill Text: NY S01970 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01970 Detail]

Download: New_York-2019-S01970-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1970
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 18, 2019
                                       ___________
        Introduced  by Sens. SANDERS, COMRIE, STAVISKY -- read twice and ordered
          printed, and when printed to be committed to the Committee on Investi-
          gations and Government 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
    23  paragraph  (b)  of  this  subdivision  shall alter or abridge the rights
    24  granted to an employee concerning the payment of wages or privileges  of
    25  seniority accruing to that employee.
    26    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06343-01-9
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