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A04204 Text:

                STATE OF NEW YORK
                               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
          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.

        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.
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