-  This bill is not active in this session.
 

A04204 Summary:

BILL NOA04204
 
SAME ASSAME AS S04037
 
SPONSORWeprin (MS)
 
COSPNSRCahill, Paulin, Ramos, Miller MG, Quart, Aubry, Seawright, Barron, Vanel, Hevesi, Eichenstein, Rosenthal D, Fernandez, Mosley, Hyndman, Ortiz, Pichardo, Sayegh, Fall
 
MLTSPNSRAbbate, Braunstein, Colton, Cook, Davila, Lavine, Perry, Rivera, Solages
 
Amd 296, Exec L
 
Prohibits discrimination against religious attire and appurtenances thereto, including facial hair.
Go to top    

A04204 Actions:

BILL NOA04204
 
02/01/2019referred to governmental operations
02/27/2019reported referred to codes
02/27/2019reported referred to rules
02/27/2019reported
02/27/2019rules report cal.31
02/27/2019ordered to third reading rules cal.31
02/27/2019passed assembly
02/27/2019delivered to senate
02/27/2019REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
04/09/2019SUBSTITUTED FOR S4037
04/09/20193RD READING CAL.272
04/09/2019PASSED SENATE
04/09/2019RETURNED TO ASSEMBLY
08/09/2019delivered to governor
08/09/2019signed chap.154
Go to top

A04204 Committee Votes:

GOVERNMENTAL OPERATIONS Chair:Titus DATE:02/27/2019AYE/NAY:13/0 Action: Favorable refer to committee Codes
TitusAyeJohnsAye
GalefAyeGoodellAye
GlickAyeLalorAye
McDonaldAyeByrneAye
BuchwaldAye
BichotteExcused
StirpeAye
HyndmanAye
WilliamsAye
EpsteinAye

CODES Chair:Lentol DATE:02/27/2019AYE/NAY:21/0 Action: Favorable refer to committee Rules
LentolAyeRaAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellAbsentGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

RULES Chair:Heastie DATE:02/27/2019AYE/NAY:27/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeCrouchAye
LentolAyeFinchAye
GanttExcusedBarclayAye
NolanAyeRaiaAye
WeinsteinAyeHawleyExcused
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
TitusExcused
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiExcused

Go to top

A04204 Floor Votes:

DATE:02/27/2019Assembly Vote  YEA/NAY: 140/2
AbbateYCrespoYGanttERLiPetriYPerryYSimonY
AbinantiYCrouchYGarbarinoYLupardoYPheffer AmatoYSimotasY
ArroyoYCruzYGiglioYMagnarelliYPichardoYSmithY
AshbyYCusickYGlickYMalliotakisYPretlowYSmullenY
AubryYCymbrowitzYGoodellYManktelowYQuartYSolagesY
BarclayYDavilaYGottfriedYMcDonaldYRaYStecY
BarnwellYDe La RosaYGriffinYMcDonoughYRaiaYSteckY
BarrettYDenDekkerYGuntherYMcMahonYRamosYSternY
BarronYDeStefanoYHawleyERMikulinYRaynorYStirpeY
BenedettoYDickensYHevesiYMill B YReillyYTagueER
BichotteERDilanYHunterYMill MGYReyesYTaylorY
BlakeERDinowitzYHyndmanYMill MLERRichardsonYThieleY
BlankenbushYDiPietroNOJacobsonYMontesanoYRiveraYTitusY
BrabenecYD'UrsoERJaffeeYMorinelloYRodriguezYVanelY
BraunsteinYEichensteinYJean-PierreYMosleyYRomeoYWalczykY
BronsonYEnglebrightYJohnsYNiouYRose D YWalkerY
BuchwaldYEpsteinYJonesYNolanYRose L YWallaceY
BurkeYFahyYJoynerYNorrisYRozicYWalshY
ButtenschonYFallYKimYO'DonnellERRyanYWeinsteinY
ByrneYFernandezYKolbYOrtizYSalkaYWeprinY
ByrnesYFinchYLalorYOtisYSantabarbaraYWilliamsY
CahillYFitzpatrickYLavineYPalmesanoYSayeghYWoernerY
CarrollYFriendNOLawrenceYPalumboYSchimmingerYWrightY
ColtonYFrontusYLentolYPaulinYSchmittYZebrowskiY
CookYGalefYLiftonYPeoples-StokesYSeawrightYMr SpkrY

Go to top

A04204 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4204
 
SPONSOR: Weprin (MS)
  TITLE OF BILL: An act to amend the executive law, in relation to prohibiting discrimi- nation against religious attire   PURPOSE OR GENERAL IDEA OF BILL: This bill would clarify that the wearing of any attire, clothing, or facial hair in accordance with`the requirements of his or her religion is protected under the Human Rights Law.   SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill would clarify that it is an unlawful discrimina- tory practice for an employer to require a person to violate or forego the wearing attire, clothing, or facial hair in accordance with the requirements of his or her religion unless the employer demonstrates that it is unable to reasonably accommodate the person's religious prac- tice without undue hardship on the conduct of the employer's business. Section two sets an effective date after sixty days.   JUSTIFICATION: This bill is intended to protect the religious rights of all New York- ers. An example of the need for this bill is a case in New York City where a member of the Sikh religion, who worked for the MTA, was ordered to remove his turban and wear the MTA hat When he objected, on religious grounds, the MTA responded that he may wear the turban if he affixes an MTA badge to the front. This was unacceptable as wearing a turban is a solemn religious duty for Sikhs and affixing a badge to it would not be religiously proper. This bill would ensure that persons, like the gentleman described above, no longer be discriminated against at their places of work because of their expression of religious duties.   PRIOR LEGISLATIVE HISTORY:t 03/22/17 passed assembly 03/20/18 passed assembly   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law.
Go to top

A04204 Text:



 
                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.
Go to top

A04204 LFIN:

 NO LFIN
Go to top

A04204 Chamber Video/Transcript:

2-27-19Video (@ 01:01:49)Transcript pdf Transcript html
Go to top