NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7355
SPONSOR: Simone TITLE OF BILL:
An act to amend the executive law, in relation to adding gender identity
or expression as a protected class of the human rights law
PURPOSE OF THE BILL:
Adding Gender Identity or Expression as a Protected Class to the Intern
Provision of the Human Rights Law.
SUMMARY OF PROVISIONS:
Section 1 of the bill makes a technical correction to the Human Rights
Law to renumber paragraphs.
Section 2 will add Gender Identity or Expression as a Protected Class
throughout section 296-c of the Human Rights Law and make technical
corrections to the
Section 3 sets an immediate effective date.
EXISTING LAW:
The Human Rights Law protects unpaid interns from unlawful discrimi-
nation based age, race, creed, color, national origin, sexual orien-
tation, military status, sex, disability, predisposing genetic charac-
teristics, marital status, or status as a victim of domestic violence
with respect to hiring firing and other terms conditions or privileges
of employment.
JUSTIFICATION:
Since 2014, the Human Rights Law has protected unpaid interns from
unlawful discrimination based on their protected class status with
respect to hiring firing and other terms, conditions or privileges of
employment. In 2019, gender identity or expression was added as a
protected class to all areas of jurisdiction throughout the Human Rights
Law. Likely due to an unintended oversight, the intern provision was not
amended. While interns have been protected from discrimination based on
gender identity or expression under DIIR' s interpretation of sex
discrimination, this bill will rectify the oversight and make the
protection explicit.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None.
STATE OF NEW YORK
________________________________________________________________________
7355
2023-2024 Regular Sessions
IN ASSEMBLY
May 18, 2023
___________
Introduced by M. of A. SIMONE, McDONALD -- (at request of the Division
of Human Rights) -- read once and referred to the Committee on Govern-
mental Operations
AN ACT to amend the executive law, in relation to adding gender identity
or expression as a protected class of the human rights law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs a, b, and c of subdivision 2 of section 296-c of
2 the executive law, as separately amended by chapters 202 and 748 of the
3 laws of 2022, are amended to read as follows:
4 a. refuse to hire or employ or to bar or to discharge from internship
5 an intern or to discriminate against such intern in terms, conditions or
6 privileges of employment as an intern because of the intern's age, race,
7 creed, color, national origin, citizenship or immigration status, sexual
8 orientation, gender identity or expression, military status, sex, disa-
9 bility, predisposing genetic characteristics, marital status, or status
10 as a victim of domestic violence;
11 b. discriminate against an intern in receiving, classifying, disposing
12 or otherwise acting upon applications for internships because of the
13 intern's age, race, creed, color, national origin, citizenship or immi-
14 gration status, sexual orientation, gender identity or expression, mili-
15 tary status, sex, disability, predisposing genetic characteristics,
16 marital status, or status as a victim of domestic violence;
17 c. print or circulate or cause to be printed or circulated any state-
18 ment, advertisement or publication, or to use any form of application
19 for employment as an intern or to make any inquiry in connection with
20 prospective employment, which expresses directly or indirectly, any
21 limitation, specification or discrimination as to age, race, creed,
22 color, national origin, citizenship or immigration status, sexual orien-
23 tation, gender identity or expression, military status, sex, disability,
24 predisposing genetic characteristics, marital status or status as a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05887-01-3
A. 7355 2
1 victim of domestic violence, or any intent to make any such limitation,
2 specification or discrimination, unless based upon a bona fide occupa-
3 tional qualification; provided, however, that neither this paragraph nor
4 any provision of this chapter or other law shall be construed to prohib-
5 it the department of civil service or the department of personnel of any
6 city containing more than one county from requesting information from
7 applicants for civil service internships or examinations concerning any
8 of the aforementioned characteristics, other than sexual orientation,
9 for the purpose of conducting studies to identify and resolve possible
10 problems in recruitment and testing of members of minority groups to
11 ensure the fairest possible and equal opportunities for employment in
12 the civil service for all persons, regardless of age, race, creed,
13 color, national origin, citizenship or immigration status, sexual orien-
14 tation, military status, sex, disability, predisposing genetic charac-
15 teristics, marital status or status as a victim of domestic violence;
16 § 2. Paragraph b of subdivision 3 of section 296-c of the executive
17 law, as separately amended by chapters 202 and 748 of the laws of 2022,
18 is amended to read as follows:
19 b. subject an intern to unwelcome harassment based on age, sex, race,
20 creed, color, sexual orientation, gender identity or expression, mili-
21 tary status, disability, predisposing genetic characteristics, marital
22 status, status as a victim of domestic violence, national origin, or
23 citizenship or immigration status, or where such harassment has the
24 purpose or effect of unreasonably interfering with the intern's work
25 performance by creating an intimidating, hostile, or offensive working
26 environment.
27 § 3. This act shall take effect immediately.
