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A06541 Summary:

BILL NOA06541
 
SAME ASSAME AS S01164-A
 
SPONSORKelles
 
COSPNSRLupardo, Jacobson, Santabarbara, Meeks, Otis, Epstein, Weprin, Simon, Seawright, Buttenschon, Steck, Davila, Reyes, Colton, Angelino, Burdick
 
MLTSPNSR
 
Add §16, Civ Rts L
 
Waives the state's sovereign immunity to liability for violations of the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act; waives the immunity of all instrumentalities and political subdivisions of the state.
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A06541 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6541
 
SPONSOR: Kelles
  TITLE OF BILL: An act to amend the civil rights law, in relation to waiving the state's sovereign immunity to claims under the Americans with Disabilities Act of 1990, the Fair Labor Standards Act of 1938, the Age Discrimination in Employment Act of 1967, and the Family and Medical Leave Act   PURPOSE OR GENERAL IDEA OF BILL: This bill waives the State's sovereign immunity with regard to applica- tion of the Americans with Disabilities Act of 1990; the Age Discrimi- nation in Employment Act of 1967; the Fair Labor Standards Act of 1938; and the Family and Medical Leave Act of 1993 as they apply to the protection of state employees. It also waives the immunity of all instrumentalities and political subdivisions of the state.   SUMMARY OF PROVISIONS: This bill will restore the rights of state employees to sue the State of New York for damages due to violations of the Americans with Disabili- ties Act (ADA), the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA) and preserve their rights under the Family and Medical Leave. Act (FMLA). This would allow the State of New York to be sued in state or federal court for any violation of the rights cf state employees under these federal statutes, including the ADA's access and accommodation standards. In addition, it will ensure the right of people with disabilities to bring a civil action against the state for failure to provide access for the disabled public to government services, programs and activities.   JUSTIFICATION: On February 22, 2001, the US Supreme Court ruled in Board of Trustees v. Garrett that in the enactment of the ADA, the US Congress had exceeded its power to authorize lawsuits by residents against their own states under the 11th Amendment. On January 11, 2000 the US Supreme Court ruled in Kimel, J. Daniel Jr. v. Florida Board of Regents that in the enact- ment of the ADEA, the US Congress had exceeded its power to authorize lawsuits by residents against their own states under the 11th Amendment. On June 23,.1999 the US Supreme Court ruled in Alden, John v. Maine that a state's immunity from suit under FLSA is beyond congressional power to abrogate by Article I legislation. These rulings allow states to opt to hold themselves to the standards that were originally set out by the ADA, the ADEA, and the FLSA prior to those decisions by waiving their sovereign immunity and thereby permit- ting actions in state and federal courts. These rulings effectively took away the protection for state employees under these laws while upholding the same protection for privately employed individuals, creating a disparity. This bill will ensure that all employees, including those employed by the state, have the same protections. Waiver under the ADA will provide redress for failure to accommodate state employees with disabilities and failure to provide access for the disabled public to government services, programs and activities. On May 27, 2003, the US Supreme Court ruled in Nevada Department of Human Resources v. Hibbs that the family medical care provision of FMLA is a valid exercise of congressional power to abrogate the states' 11th Amendment immunity from suit by individuals, because it remedies gender discrimination. As with ADA, AREA and FLSA, a state will be required to consent unequivocally to a waiver of its sovereign immunity, to ensure that state employees have the same protection as private sector employees under the FMLA.   PRIOR LEGISLATIVE HISTORY: 2022: A.7121 (Kelles)- Passed Assembly 2021: A.7121 (Kelles)- Passed Assembly 2020: A.1092 (Lifton)- Passed Assembly 2019: A.1092 (Lifton)- Passed Assembly 2018: A.2546 (Lifton)- Passed Assembly 2017: A.2546 (Lifton)- Passed Assembly 2016: A.5388 (Lifton)- Passed Assembly 2015: A.5388 (Lifton)- Passed Assembly 2014: A.828 (Lifton) -Passed Assembly 2013: A.828 (Lifton) -Passed Assembly 2012: A.3689 (Lifton)- Passed Assembly 2011: A.3689(Lifotn)- Passed Assembly 2010: A.3651(Lifton)- Passed Assembly   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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