STATE OF NEW YORK ________________________________________________________________________ 5784 2021-2022 Regular Sessions IN ASSEMBLY February 25, 2021 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the executive law, in relation to certain discriminatory practices; and to amend the education law, in relation to the quali- fication of professionals in education The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 296 of the executive law is amended by adding two 2 new subdivisions 23 and 24 to read as follows: 3 23. It shall be an unlawful discriminatory practice for an employer or 4 licensing agency to bar any member of a protected class from employment 5 opportunity by violating an established law or policy that would have 6 provided such member of the protected class with equal employment oppor- 7 tunity. 8 24. The only legitimate business or occupational necessity exemption 9 for excluding a protected class from equal employment opportunity shall 10 be a real occupational qualification. 11 § 2. Section 292 of the executive law is amended by adding a new 12 subdivision 31 to read as follows: 13 31. The term "real occupational qualification", when used in this 14 article, means the possession of a governmentally or privately issued 15 certification, license, diploma, or degree, or a scored examination or 16 assessment of knowledge or skills necessary for the vacant position of 17 employment. 18 § 3. The education law is amended by adding a new section 3009-a to 19 read as follows: 20 § 3009-a. Hiring outstanding professionals in education. 1. No person 21 shall be appointed to a certificated position in a public school unless 22 the position was publicly advertised for a minimum of fourteen consec- 23 utive days within the period of ninety days prior to the date of 24 appointment. The fourteen consecutive days may only be reduced to seven EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09386-01-1A. 5784 2 1 consecutive days to appoint a classroom teacher within the fourteen days 2 prior to the first day of student attendance in August or September. 3 2. No person shall be appointed to a certificated position in a public 4 school without having applied for the certificated position in response 5 to a public advertisement of the certificated position on or before the 6 published deadline. 7 3. No person shall be appointed to a certificated position prior to a 8 school-conducted examination or scored assessment of fitness of at least 9 two different persons for the specific certificated position. Such exam- 10 inations or scored assessments of fitness may be, but are not limited 11 to, one-to-one interviews, panel interviews, content area examinations, 12 writing samples, demonstration lessons, and sample lesson plans with 13 records of such examinations or scored assessments physically filed for 14 a minimum of seven years and electronically filed permanently. 15 4. No person shall be appointed to a certificated position without 16 possessing the requisite certificate for the certificated position 17 according to commissioner regulations. 18 5. No person shall be appointed to a certificated position in a public 19 school because of affinity for or animus against a race, creed, color, 20 national origin, sex, marital status, sexual orientation, gender identi- 21 ty or expression, or disability, as such term is defined in section two 22 hundred ninety-two of the executive law. 23 6. The notice of employment opportunity for a certificated position 24 located in subdivision one of this section shall be deemed a civil right 25 for persons who hold the requisite certification, according to commis- 26 sioner regulations, for the certificated position. 27 7. Persons appointed to certificated positions outside of the require- 28 ments set forth in this section shall be unqualified for the appointed 29 certificated position for all purposes of this chapter. 30 § 4. Section 3009 of the education law is amended by adding a new 31 subdivision 3 to read as follows: 32 3. As used in this section, "teacher" refers to any person employed in 33 a position requiring a certificate from the office of teaching. 34 § 5. The education law is amended by adding a new section 3039 to read 35 as follows: 36 § 3039. Discrimination based on affinity for or animus against a 37 protected class is prohibited. Notwithstanding any provision of law to 38 the contrary, no board of education in any city, union free, common or 39 central school district in this state shall hereafter prohibit, prevent, 40 disqualify or discriminate against any person who is physically and 41 mentally qualified from competing, participating, or registering for an 42 examination for or from qualifying for, a position licensed or certif- 43 icated by the department, or be excluded from and denied equal employ- 44 ment opportunity, or penalized in a final rating by reason of his or her 45 membership in a protected class or retaliation after he or she formally 46 alleged discrimination. Any such rule, requirement, resolution, regu- 47 lation, penalization, exclusion, denial, discrimination or retaliation 48 of such board or its employees shall be void. Nothing contained in this 49 section shall prevent such board from adopting reasonable requirements 50 for positions, except where such requirements for such positions are 51 already limited and prescribed by law. 52 § 6. This act shall take effect immediately.