New York State Assembly

 
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A04204 Summary:

A04204 Actions:

A04204 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Titus      
DATE:02/27/2019AYE/NAY:13/0  Action: Favorable refer to committee Codes        
Titus
Aye
Johns
Aye
Galef
Aye
Goodell
Aye
Glick
Aye
Lalor
Aye
McDonald
Aye
Byrne
Aye
Buchwald
Aye
Bichotte
Excused
Stirpe
Aye
Hyndman
Aye
Williams
Aye
Epstein
Aye

Committee:CODES   Chair:Lentol      
DATE:02/27/2019AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Absent
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:RULES   Chair:Heastie      
DATE:02/27/2019AYE/NAY:27/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Aye
Nolan
Aye
Raia
Aye
Weinstein
Aye
Hawley
Excused
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Excused

A04204 Floor Votes:

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.

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.

A04204 LFIN:

 
NO LFIN

A04204 Chamber Video/Transcript: