STATE OF NEW YORK
________________________________________________________________________
4204
2019-2020 Regular Sessions
IN ASSEMBLY
February 1, 2019
___________
Introduced by M. of A. WEPRIN, CAHILL, PAULIN, RAMOS, M. G. MILLER,
QUART, AUBRY, SEAWRIGHT, BARRON, VANEL, HEVESI -- Multi-Sponsored by
-- M. of A. ABBATE, BRAUNSTEIN, COLTON, COOK, DAVILA, LAVINE, MOSLEY,
ORTIZ, PERRY, RIVERA, SOLAGES -- read once and referred to the Commit-
tee on Governmental Operations
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
19 premium benefits for work performed during hours to which such premium
20 wages or premium benefits would ordinarily be applicable, if the employ-
21 ee is working during such hours only as an accommodation to his or her
22 sincerely held religious requirements. Nothing in this paragraph or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07506-01-9
A. 4204 2
1 paragraph (b) of this subdivision shall alter or abridge the rights
2 granted to an employee concerning the payment of wages or privileges of
3 seniority accruing to that employee.
4 § 2. This act shall take effect on the sixtieth day after it shall
5 have become a law.
