Bill Text: NY A01089 | 2021-2022 | General Assembly | Introduced

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Bill Title: Clarifies the scope of protections against discrimination on the basis of disability under the New York state human rights law in the areas of employment, public accommodations and government services to be consistent with the federal Americans with Disabilities Act and the current policies and practices of the division of human rights.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A01089 Detail]

Download: New_York-2021-A01089-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1089

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 7, 2021
                                       ___________

        Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. CUSICK,
          DINOWITZ, GALEF, GLICK, GOTTFRIED, LUPARDO,  PAULIN,  L. ROSENTHAL  --
          read once and referred to the Committee on Governmental Operations

        AN  ACT  to amend the executive law, in relation to clarifying the scope
          of protections against discrimination on the basis  of  disability  in
          the area of government services

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

     1    Section 1. Legislative intent. With the enactment of  chapter  988  of
     2  the  laws  of 1974, the legislature began to extend to people with disa-
     3  bilities guarantees that such individuals  would  not  be  discriminated
     4  against  on  the  basis of their disability in employment, use of public
     5  accommodations and in a  broad  range  of  other  areas  and  activities
     6  subject to the requirements of the human rights provisions of the execu-
     7  tive law.  The federal Americans with Disabilities Act, enacted in 1990,
     8  has  extended  similar protections throughout the nation.  While current
     9  state requirements are consistent with those adopted by the Congress  in
    10  the  Americans  with  Disabilities  Act,  the federal statute explicitly
    11  includes a number of requirements which are implicit in state law.   The
    12  legislature  adopts this measure to reiterate this state's commitment to
    13  assuring people with disabilities full access under state law to all  of
    14  the  rights  and remedies to which they are entitled under the Americans
    15  with Disabilities Act, consistent with current policies and practices of
    16  the state division of human rights, and to continue New  York's  preemi-
    17  nent  role as a leader in guaranteeing equal rights and opportunities to
    18  all of its citizens.
    19    § 2. Section 292 of the executive law  is  amended  by  adding  a  new
    20  subdivision 39 to read as follows:
    21    39. The term "public entity" means the state or any political subdivi-
    22  sion  thereof  and  any  department, agency, special purpose district or
    23  other instrumentality of the state or local government.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01344-01-1
        A. 1089                             2

     1    § 3. Section 296 of the executive law is amended  by  adding  two  new
     2  subdivisions 3-c and 3-d to read as follows:
     3    3-c.  It  shall  be an unlawful discriminatory practice for any public
     4  entity to exclude a person with a disability  who  meets  the  essential
     5  eligibility  requirements  from participation in or deny such person the
     6  benefits of services, programs, or activities of a public entity  solely
     7  by reason of such disability or to subject such person with a disability
     8  to discrimination by any such entity.
     9    3-d.  It  shall  be  an  unlawful discriminatory practice for a public
    10  entity to refuse to make reasonable modifications to rules, policies, or
    11  practices, to refuse to remove architectural, communication,  or  trans-
    12  portation barriers, or to refuse to provide auxiliary aids and services,
    13  including  but  not limited to support services for people with impaired
    14  hearing or vision  and  acquisition  or  modification  of  equipment  or
    15  devices, to a person with a disability who meets the essential eligibil-
    16  ity requirements which will allow such an individual to receive services
    17  or  participate in programs or activities provided by a public entity in
    18  the most integrated manner possible.
    19    § 4. This act shall take effect on the first of January next  succeed-
    20  ing the date on which it shall have become a law.