S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                    8

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sens. HANNON, CARLUCCI, ROBACH -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the executive law, in relation  to  reasonable  accommo-
  dation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 21-e of section 292 of the  executive  law,  as
added  by chapter 269 of the laws of 1997, is amended and a new subdivi-
sion 21-f is added to read as follows:
  21-e. The term "reasonable accommodation" means  actions  taken  which
permit an employee, prospective employee or member with a disability, OR
A  PREGNANCY-RELATED  CONDITION,  to  perform in a reasonable manner the
activities involved in the job or occupation sought or held and include,
but are not limited to, provision of an accessible worksite, acquisition
or modification of equipment, support services for persons with impaired
hearing or  vision,  job  restructuring  and  modified  work  schedules;
provided,  however, that such actions do not impose an undue hardship on
the business, program or enterprise of the entity from which  action  is
requested.
  21-F. THE TERM "PREGNANCY-RELATED CONDITION" MEANS A MEDICAL CONDITION
RELATED  TO  PREGNANCY  OR  CHILDBIRTH  THAT  INHIBITS THE EXERCISE OF A
NORMAL BODILY FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL
OR LABORATORY DIAGNOSTIC TECHNIQUES;  PROVIDED,  HOWEVER,  THAT  IN  ALL
PROVISIONS  OF  THIS  ARTICLE DEALING WITH EMPLOYMENT, THE TERM SHALL BE
LIMITED TO CONDITIONS WHICH, UPON THE PROVISION OF  REASONABLE  ACCOMMO-
DATIONS,  DO NOT PREVENT THE COMPLAINANT FROM PERFORMING IN A REASONABLE
MANNER THE ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION SOUGHT OR  HELD;
AND  PROVIDED  FURTHER, HOWEVER, THAT PREGNANCY-RELATED CONDITIONS SHALL
BE TREATED AS TEMPORARY DISABILITIES FOR THE PURPOSES OF THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01025-01-5

S. 8                                2
              

  S 2. Paragraph (a) of subdivision 3 of section 296  of  the  executive
law,  as  added by chapter 269 of the laws of 1997, is amended and a new
paragraph (c) is added to read as follows:
  (a)  It  shall be an unlawful discriminatory practice for an employer,
licensing agency, employment agency or labor organization to  refuse  to
provide reasonable accommodations to the known disabilities, OR PREGNAN-
CY-RELATED CONDITIONS, of an employee, prospective employee or member in
connection with a job or occupation sought or held or participation in a
training program.
  (C) THE EMPLOYEE MUST COOPERATE IN PROVIDING MEDICAL OR OTHER INFORMA-
TION  THAT  IS  NECESSARY  TO  VERIFY THE EXISTENCE OF THE DISABILITY OR
PREGNANCY-RELATED CONDITION, OR THAT IS NECESSARY FOR  CONSIDERATION  OF
THE  ACCOMMODATION. THE EMPLOYEE HAS A RIGHT TO HAVE SUCH MEDICAL INFOR-
MATION KEPT CONFIDENTIAL.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compe-
tent jurisdiction to be invalid, such judgment shall not affect,  impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion  to  the  clause, sentence, paragraph, subdivision, section or part
thereof directly involved in the  controversy  in  which  such  judgment
shall  have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if  such  invalid
provisions had not been included herein.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.