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S04037 Summary:

BILL NOS04037
 
SAME ASSAME AS A04204
 
SPONSORLIU
 
COSPNSRBIAGGI, CARLUCCI, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KENNEDY, KRUEGER, MONTGOMERY, RAMOS, SALAZAR, SKOUFIS, THOMAS
 
MLTSPNSR
 
Amd 296, Exec L
 
Prohibits discrimination against religious attire and appurtenances thereto, including facial hair.
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S04037 Actions:

BILL NOS04037
 
02/26/2019REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
03/12/20191ST REPORT CAL.272
03/13/20192ND REPORT CAL.
03/14/2019ADVANCED TO THIRD READING
04/09/2019SUBSTITUTED BY A4204
 A04204 AMEND= Weprin (MS)
 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
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S04037 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4037
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 26, 2019
                                       ___________
 
        Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment 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
    23  paragraph  (b)  of  this  subdivision  shall alter or abridge the rights

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07506-01-9

        S. 4037                             2
 
     1  granted to an employee concerning the payment of wages or privileges  of
     2  seniority accruing to that employee.
     3    §  2.  This  act  shall take effect on the sixtieth day after it shall
     4  have become a law.
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