Bill Text: NY A10405 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits employers from discriminating against individuals based on such individual's status as a caregiver.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-13 - referred to governmental operations [A10405 Detail]
Download: New_York-2021-A10405-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10405 IN ASSEMBLY May 13, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Fernandez) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to prohibiting employers from discriminating against individuals based on such individual's status as a caregiver The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 292 of the executive law is amended by adding a new 2 subdivision 39 to read as follows: 3 39. The term "caregiver" shall include the family member or other 4 natural person who normally provides the daily care or supervision of a 5 care recipient, or any family member or other natural person who 6 contributes to and is involved in the caretaking responsibilities for 7 such care recipient. Such caregiver may, but need not, reside in the 8 same household as the care recipient. "Care recipient" shall mean any 9 person who is unable to attend to his or her daily needs without the 10 assistance or regular supervision of a caregiver due to mental or phys- 11 ical impairment. Such definition shall include persons under eighteen 12 years of age who suffer from mental or physical impairment. Such defi- 13 nition shall not include persons performing caretaking services in the 14 capacity of employment as a domestic worker as defined by subdivision 15 sixteen of section two of the labor law. 16 § 2. Paragraph (a) of subdivision 1 of section 296 of the executive 17 law, as separately amended by chapters 8 and 176 of the laws of 2019, is 18 amended to read as follows: 19 (a) For an employer or licensing agency, because of an individual's 20 age, race, creed, color, national origin, sexual orientation, gender 21 identity or expression, military status, sex, disability, predisposing 22 genetic characteristics, familial status, marital status, [or] status as 23 a victim of domestic violence, or status as a caregiver, to refuse to 24 hire or employ or to bar or to discharge from employment such individual 25 or to discriminate against such individual in compensation or in terms, 26 conditions or privileges of employment. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09867-01-1A. 10405 2 1 § 3. Section 296 of the executive law is amended by adding a new 2 subdivision 23 to read as follows: 3 23. (a) It shall be an unlawful discriminatory practice for an employ- 4 er or licensing agency, because of any individual's status as a caregiv- 5 er, to refuse to hire or employ or license or to bar or to discharge 6 from employment such individual or to discriminate against such individ- 7 ual in compensation or in terms, conditions or privileges of employment. 8 (b) It shall be an unlawful discriminatory practice for an employer or 9 employment agency to print or circulate or cause to be printed or circu- 10 lated any statement, advertisement or publication, or to use any form of 11 application for employment or to make any inquiry in connection with 12 prospective employment which expresses, directly or indirectly, any 13 limitation, specification or discrimination as to status as a caregiver, 14 or any intent to make any such limitation, specification or discrimi- 15 nation; provided, however, that no provision of this subdivision shall 16 be construed to prohibit the employer from making any inquiry or obtain- 17 ing information for the purpose of providing assistance to, or a reason- 18 able accommodation in accordance with the provisions of this subdivision 19 to, a caregiver. 20 (c)(1) It shall be an unlawful discriminatory practice for an employer 21 to refuse to provide a reasonable accommodation to an employee who is 22 known by the employer to be a caregiver, limited to those accommodations 23 set forth in subparagraph two of this paragraph, when such employee must 24 be absent from work for a reasonable time, unless such absence would 25 cause an undue hardship to the employer as set forth in subparagraph 26 three of this paragraph, provided, however that the employer may require 27 an employee to charge any time off pursuant to this section against any 28 leave with pay ordinarily granted, where available, unless otherwise 29 provided for in a collective bargaining agreement or existing employee 30 handbook or policy, and any such absence that cannot be charged may be 31 treated as leave without pay. An employee who must be absent from work 32 in accordance with subparagraph two of this paragraph shall be entitled 33 to the continuation of any health insurance coverage provided by the 34 employer, to which the employee is otherwise entitled during any such 35 absence. 36 (2) An employer is required to provide a reasonable accommodation to 37 an employee who is a caregiver who must be absent from work for a 38 reasonable time, in accordance with the provisions of subparagraph one 39 of this paragraph, in order to administer or supervise the diagnosis, 40 care, or treatment of a mental or physical illness, injury, or health 41 condition of the care recipient. 42 (3) An employer is required to provide a reasonable accommodation for 43 an employee's absence in accordance with the provisions of subparagraphs 44 one and two of this paragraph unless the employer can demonstrate that 45 the employee's absence would constitute an undue hardship to the employ- 46 er. A determination of whether such an absence will constitute an undue 47 hardship shall include consideration of factors such as: 48 (i) the overall size of the business, program or enterprise with 49 respect to the number of employees, number and type of facilities, and 50 size of budget; and 51 (ii) the type of operation in which the business, program or enter- 52 prise is engaged, including the composition and structure of the work- 53 force. 54 (4) An employee who must be absent from work in accordance with the 55 provisions of subparagraph one of this paragraph shall provide theA. 10405 3 1 employer with reasonable advance notice of the employee's absence, 2 unless such advance notice is not feasible. 3 (5) An employee who must be absent from work in accordance with the 4 provisions of subparagraph one of this paragraph and who cannot feasibly 5 give reasonable advance notice of the absence in accordance with subpar- 6 agraph four of this paragraph, may be required to provide documentation 7 from a medical professional or health care provider upon request from 8 the employer within a reasonable time after such absence. 9 § 4. This act shall take effect on the ninetieth day after it shall 10 have become a law.
