Bill Text: NY A02049 | 2015-2016 | General Assembly | Amended

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

Spectrum: Strong Partisan Bill (Democrat 24-2)

Status: (Engrossed - Dead) 2016-06-06 - RECOMMITTED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [A02049 Detail]

Download: New_York-2015-A02049-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2049--A
                                                                 Cal. No. 97
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2015
                                       ___________
        Introduced  by  M.  of  A.  WEPRIN,  CAHILL, PAULIN, SCHIMEL, SEPULVEDA,
          RAMOS, MILLER, QUART, AUBRY -- Multi-Sponsored by -- M. of A.  ABBATE,
          BRAUNSTEIN,  BRENNAN,  COLTON,  COOK,  DAVILA, HIKIND, HOOPER, LAVINE,
          LUPINACCI, MOSLEY, ORTIZ, PERRY, RIVERA, SALADINO, SOLAGES,  WEINSTEIN
          --  read once and referred to the Committee on Governmental Operations
          -- ordered to a third reading -- passed by Assembly and  delivered  to
          the Senate, recalled from the Senate, vote reconsidered, bill amended,
          ordered  reprinted,  retaining its place on the special order of third
          reading
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07448-02-6
        A. 2049--A                          2
     1  premium benefits for work performed during hours to which  such  premium
     2  wages or premium benefits would ordinarily be applicable, if the employ-
     3  ee  is  working during such hours only as an accommodation to his or her
     4  sincerely  held  religious  requirements.  Nothing  in this paragraph or
     5  paragraph (b) of this subdivision shall  alter  or  abridge  the  rights
     6  granted  to an employee concerning the payment of wages or privileges of
     7  seniority accruing to that employee.
     8    § 2. This act shall take effect on the sixtieth  day  after  it  shall
     9  have become a law.