Bill Text: NY S07607 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to establishing unlawful discriminatory practices relating to models; requires models to be informed of what constitutes an unlawful discriminatory practice and how to file a complaint.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-30 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S07607 Detail]
Download: New_York-2017-S07607-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7607 IN SENATE January 30, 2018 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the executive law, in relation to establishing unlawful discriminatory practices relating to models 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-d 2 to read as follows: 3 § 296-d. Unlawful discriminatory practices relating to models. 1. As 4 used in this section, the following terms shall have the following mean- 5 ings: 6 a. "client" means a retail store, a manufacturer, a clothing designer, 7 an advertising agency, a photographer, a publishing company or any other 8 such person or entity that receives modeling services from a model; 9 b. "model" means an individual, regardless of his or her status as an 10 independent contractor or employee, who performs modeling services for a 11 client or consents in writing to the transfer of his or her legal right 12 to the use of his or her name, portrait, picture or image, for advertis- 13 ing purposes or for the purposes of trade, directly to a client or who 14 provides showroom or fit modeling services; 15 c. "modeling entity" means a modeling agency, model management compa- 16 ny, employment agency, and/or any person or entity that: (1) is in the 17 business of managing entertainments, exhibitions or performances, or the 18 models, artists or attractions constituting the same; (2) who, for a 19 fee, procures or attempts to procure: (i) employment or engagements for 20 persons seeking employment or engagements, or (ii) employees or inde- 21 pendent contractors for employers or entities seeking the services of 22 employees or independent contractors; and/or (3) renders vocational 23 guidance or counselling services to models; and 24 d. "modeling services" means the appearance by a model in photographic 25 sessions or the engagement of a model in runway, live, filmed, or taped 26 performances requiring him or her to pose, provide an example or stand- 27 ard of artistic expression or to be a representation to show the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13446-03-7S. 7607 2 1 construction or appearance of some thing or place for purposes of 2 display or advertising. Modeling services shall also include the 3 provisions of showroom or fit modeling services. 4 2. It shall be an unlawful discriminatory practice for a client or 5 modeling entity to: 6 a. engage in unwelcome sexual advances, requests for sexual favors, or 7 other verbal or physical conduct of a sexual nature to a model when: 8 (1) submission to such conduct is made either explicitly or implicitly 9 a term or condition of a model's provision of modeling services; 10 (2) submission to or rejection of such conduct by a model is used 11 either explicitly or implicitly as the basis for decisions concerning 12 the individual's provision of modeling services; or 13 (3) such conduct has the purpose or effect of unreasonably interfering 14 with a model's provision of modeling services by creating an intimidat- 15 ing, hostile, or offensive environment; or 16 b. subject a model to harassment based on age, race, creed, color, 17 national origin, sexual orientation, military status, sex, disability, 18 predisposing genetic characteristics, familial status, marital status, 19 or domestic violence victim status, where such harassment has the 20 purpose or effect of unreasonably interfering with an individual's 21 provision of modeling services by creating an intimidating, hostile, or 22 offensive environment. 23 3. a. Each client and modeling entity shall post, in a conspicuous 24 place at their place of business and/or at the site of each job assign- 25 ment, notices to the models hired, to be prepared or approved by the 26 division, setting forth excerpts from, or summaries of, the pertinent 27 provisions of this section and information related to filing a complaint 28 under this article including pro bono and/or legal services contact 29 information. 30 b. Each client shall provide to each model providing modeling 31 services, in writing or electronically, the names and/or offices, and a 32 reliable means of contacting such individuals or offices, to whom a 33 complaint under this article may be made. 34 c. At the initial execution of the contract between the modeling enti- 35 ty and the model, the model shall be informed in writing of the 36 provisions of this article including the procedure for filing a 37 complaint. The model shall demonstrate his or her understanding of the 38 provisions of this article and that such information has been provided 39 to him or her by signing a form, to be prepared or approved by the divi- 40 sion, to that effect. 41 4. Nothing in this section shall be construed or interpreted to limit 42 the rights of models provided under this chapter or any other provisions 43 of law. 44 § 2. Subdivision 4 of section 292 of the executive law, as amended by 45 chapter 97 of the laws of 2014, is amended to read as follows: 46 4. The term "unlawful discriminatory practice" includes only those 47 practices specified in sections two hundred ninety-six, two hundred 48 ninety-six-a [and], two hundred ninety-six-c and two hundred 49 ninety-six-d of this article. 50 § 3. This act shall take effect on the ninetieth day after it shall 51 have become a law; provided, however, that effective immediately, the 52 addition, amendment and/or repeal of any rule or regulation necessary 53 for the implementation of this act on its effective date are authorized 54 and directed to be made and completed on or before such effective date.