Bill Text: NY A00313 | 2019-2020 | 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; requires modeling entities to provide adult models with educational materials regarding nutrition and eating disorders.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A00313 Detail]
Download: New_York-2019-A00313-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 313 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. ROZIC, BARRETT, BLAKE, DAVILA, DE LA ROSA, D'URSO, ENGLEBRIGHT, GALEF, GOTTFRIED, JAFFEE, MOSLEY, NIOU, OTIS, QUART, RIVERA, L. ROSENTHAL, SEAWRIGHT, SIMON, WEPRIN, ABINANTI -- Multi-Sponsored by -- M. of A. DICKENS, LUPARDO -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law and the labor law, in relation to establishing certain 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-e 2 to read as follows: 3 § 296-e. 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. "hiring party" means any person or entity who exercises any form of 10 control over a model's services, including modeling entities, brands, 11 and other clients, other than (1) the United States government, (2) the 12 state of New York, including any office, department, agency, authority 13 or other body of the state including the legislature and the judiciary, 14 (3) a city government, including any office, department, agency or other 15 body of that city, (4) any other local government, municipality or coun- 16 ty or (5) any foreign government. 17 c. "model" means an individual, regardless of his or her status as an 18 independent contractor or employee, who performs modeling services for a 19 client or consents in writing to the transfer of his or her legal right 20 to the use of his or her name, portrait, picture or image, for advertis- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01564-01-9A. 313 2 1 ing purposes or for the purposes of trade, directly to a client or who 2 provides showroom or fit modeling services; 3 d. "modeling entity" means a modeling agency, model management compa- 4 ny, employment agency, and/or any person or entity that: (1) is in the 5 business of managing entertainments, exhibitions or performances, or the 6 models, artists or attractions constituting the same; (2) who, for a 7 fee, procures or attempts to procure: (i) employment or engagements for 8 persons seeking employment or engagements, or (ii) employees or inde- 9 pendent contractors for employers or entities seeking the services of 10 employees or independent contractors; and/or (3) renders vocational 11 guidance or counselling services to models; and 12 e. "modeling services" means the appearance by a model in photographic 13 sessions or the engagement of a model in runway, live, filmed, or taped 14 performances requiring him or her to pose, provide an example or stand- 15 ard of artistic expression or to be a representation to show the 16 construction or appearance of some thing or place for purposes of 17 display or advertising. Modeling services shall also include the 18 provisions of showroom or fit modeling services. 19 2. It shall be an unlawful discriminatory practice for a hiring party 20 to: 21 a. engage in unwelcome sexual advances, requests for sexual favors, or 22 other verbal or physical conduct of a sexual nature to a model when: 23 (1) submission to such conduct is made either explicitly or implicitly 24 a term or condition of a model's provision of modeling services; 25 (2) submission to or rejection of such conduct by a model is used 26 either explicitly or implicitly as the basis for decisions concerning 27 the individual's provision of modeling services; or 28 (3) such conduct has the purpose or effect of unreasonably interfering 29 with a model's provision of modeling services by creating an intimidat- 30 ing, hostile, or offensive environment; or 31 b. subject a model to harassment based on age, race, creed, color, 32 national origin, sexual orientation, military status, sex, disability, 33 predisposing genetic characteristics, familial status, marital status, 34 or domestic violence victim status, where such harassment has the 35 purpose or effect of unreasonably interfering with an individual's 36 provision of modeling services by creating an intimidating, hostile, or 37 offensive environment; or 38 c. threaten, intimidate, discipline, harass, deny a work opportunity 39 to or discriminate against a model, or take any other action that penal- 40 izes a model for, or is reasonably likely to deter a model from, exer- 41 cising or attempting to exercise any right guaranteed under this arti- 42 cle, or from obtaining future work opportunity because the model has 43 done so. 44 3. a. Each client and modeling entity shall post, in a conspicuous 45 place at their place of business and/or at the site of each job assign- 46 ment, notices to the models hired, to be prepared or approved by the 47 division, setting forth excerpts from, or summaries of, the pertinent 48 provisions of this section and information related to filing a complaint 49 under this article including pro bono and/or legal services contact 50 information. 51 b. Each client shall provide to each model providing modeling 52 services, in writing or electronically, the names and/or offices, and a 53 reliable means of contacting such individuals or offices, to whom a 54 complaint under this article may be made. 55 c. At the initial execution of the contract between the modeling enti- 56 ty and the model, the model shall be informed in writing of theA. 313 3 1 provisions of this article including the procedure for filing a 2 complaint. The model shall demonstrate his or her understanding of the 3 provisions of this article and that such information has been provided 4 to him or her by signing a form, to be prepared or approved by the divi- 5 sion, to that effect. 6 4. a. Each modeling entity or client shall implement a system or 7 procedure for receiving complaints under this section and section two 8 hundred ninety-six-d of this article. Such procedures shall provide a 9 written or electronic receipt to the complainant acknowledging that the 10 complaint has been received and catalogued. Registration of complaints 11 via these systems or procedures, or failure on the part of the modeling 12 entity or client to implement such system or procedure, shall be consid- 13 ered as evidence of knowledge or notice of the alleged sexual harass- 14 ment. 15 b. Modeling entities shall be considered employers and models shall be 16 considered employees for purposes of section two hundred one-g of the 17 labor law. Clients shall be considered employers for purposes of subdi- 18 vision one of section two hundred one-g of the labor law. 19 5. Modeling entities and clients may be held jointly and severally 20 liable for claims of sexual harassment brought under this section and 21 section two hundred ninety-six-d of this article. 22 6. Nothing in this section shall be construed or interpreted to limit 23 the rights of models provided under this chapter or any other provisions 24 of law. 25 § 2. Subdivision 4 of section 292 of the executive law, as amended by 26 section 2 of subpart F of part KK of chapter 57 of the laws of 2018, is 27 amended to read as follows: 28 4. The term "unlawful discriminatory practice" includes only those 29 practices specified in sections two hundred ninety-six, two hundred 30 ninety-six-a [and], two hundred ninety-six-c, and two hundred ninety- 31 six-e of this article. 32 § 3. The labor law is amended by adding a new section 202-n to read as 33 follows: 34 § 202-n. Provision of educational materials regarding nutrition and 35 eating disorders to adult models. 1. For the purposes of this section, 36 the following terms shall have the following meanings: 37 a. "adult model" means an individual over the age of eighteen, regard- 38 less of his or her status as an independent contractor or employee, who 39 performs modeling services for a client or consents in writing to the 40 transfer of his or her legal right to the use of his or her name, 41 portrait, picture or image, for advertising purposes or for the purposes 42 of trade, directly to a client or who provides showroom or fit modeling 43 services; 44 b. "client" means a retail store, a manufacturer, a clothing designer, 45 an advertising agency, a photographer, a publishing company or any other 46 such person or entity that receives modeling services from a model; 47 c. "modeling entity" means a modeling agency, model management compa- 48 ny, employment agency, and/or any person or entity that: (1) is in the 49 business of managing entertainments, exhibitions or performances, or the 50 models, artists or attractions constituting the same; (2) who, for a 51 fee, procures or attempts to procure: (i) employment or engagements for 52 persons seeking employment or engagements, or (ii) employees or inde- 53 pendent contractors for employers or entities seeking the services of 54 employees or independent contractors; and/or 55 (3) renders vocational guidance or counselling services to models; andA. 313 4 1 d. "modeling services" means the appearance by a model in photographic 2 sessions or the engagement of a model in runway, live, filmed, or taped 3 performances requiring him or her to pose, provide an example or stand- 4 ard of artistic expression or to be a representation to show the 5 construction or appearance of some thing or place for purposes of 6 display or advertising. Modeling services shall also include the 7 provisions of showroom or fit modeling services. 8 2. a. A modeling entity shall make available educational materials 9 regarding nutrition and eating disorders to an adult model within ninety 10 days of the date of agreeing to representation by the modeling entity or 11 procurement by a modeling entity of an engagement, meeting, or inter- 12 view, whichever comes first. 13 b. Educational materials regarding nutrition and eating disorders 14 shall include, at a minimum, the components specified in the National 15 Institute of Health's Eating Disorders internet website or a successor 16 internet website. 17 c. Educational materials regarding nutrition and eating disorders for 18 each adult model shall be in the language understood by such adult 19 model. The modeling entity may comply with this language requirement 20 either by making the educational materials available in the adult 21 model's native language or by having the educational materials presented 22 for such adult model in the language that he or she understands. 23 d. The modeling entity shall keep a record for three years confirming 24 that it has made available educational materials regarding nutrition and 25 eating disorders to all adult models who have been signed for represen- 26 tation after the effective date of this section. 27 § 4. This act shall take effect on the ninetieth day after it shall 28 have become a law; provided, however, that effective immediately, the 29 addition, amendment and/or repeal of any rule or regulation necessary 30 for the implementation of this act on its effective date are authorized 31 and directed to be made and completed on or before such effective date.
