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

                                 1264--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. GUNTHER, JACOBS, MILLMAN, JAFFEE, LIFTON, ENGLE-
  BRIGHT, STECK, SCARBOROUGH, RIVERA, ABINANTI, HOOPER,  COLTON,  MAYER,
  WALTER,  SIMOTAS,  ROSA  --  Multi-Sponsored  by  --  M. of A. ARROYO,
  MONTESANO, MOSLEY -- read  once  and  referred  to  the  Committee  on
  Governmental  Operations  --  recommitted  to the Committee on Govern-
  mental Operations in accordance  with  Assembly  Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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

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

                                                           LBD01243-02-4

A. 1264--A                          2

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.
  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.