A08421 Summary:
| BILL NO | A08421 |
| SAME AS | SAME AS S02975 |
| SPONSOR | Gonzalez-Rojas |
| COSPNSR | |
| MLTSPNSR | |
| Add §296-e, Exec L | |
| Relates to unlawful discriminatory practices by government agencies relating to persons recovering from alcohol and/or substance abuse. | |
A08421 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the executive law, in relation to unlawful discriminato- ry practices by government agencies relating to persons recovering from alcohol and/or substance abuse PURPOSE OR GENERAL IDEA OF BILL: This bill would allow make it an unlawful discriminatory practice for government agencies to deny employment to a prospective employee due to that person recovering from alcohol and/or substance abuse SUMMARY OF PROVISIONS: Section 1 amends executive law by adding section 296e so that "alcohol abuse" and/or "substance abuse" shall have the same meanings as set forth in section 1.03 of the mental hygiene law. Section 2 sets the effective date JUSTIFICATION: Despite protections from the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, the Fair Housing Act (FHA), and the Work- force Investment Act (WIA) it is still the case that people who use drugs or alcohol can be denied employment. This is because even if there is litigation the exact outcome is always decided on a case-by-case basis. People who are currently using illegal substances are not protected under these discrimination laws and if found to be using may be legally denied employment. Individuals directly impacted by alcohol and substance use can still be competent workers at various points in recov- ery. Unfortunately, employers, including government agencies may still have unfair perceptions and terminate someone's employment in indirect ways. This bill would make that a discriminatory practice. PRIOR LEGISLATIVE HISTORY: Versions Introduced in Other Legislative Sessions: 2011-2012: A7997 2013-2014: A4799 2015-2016: A4143 2017-2018: A3060 2021-2022: S2975 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined. EFFECTIVE DATE: This act will take effect immediately.