Senate Bill S5828

2013-2014 Legislative Session

Prohibits discrimination against religious attire

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S5828 (ACTIVE) - Details

See Assembly Version of this Bill:
A864
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง296, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6170
2015-2016: S3263, A2049
2017-2018: S4507, A4977
2019-2020: S1970, A4204

2013-S5828 (ACTIVE) - Summary

Prohibits discrimination against religious attire and appurtenances thereto, including facial hair.

2013-S5828 (ACTIVE) - Sponsor Memo

2013-S5828 (ACTIVE) - Bill Text download pdf 

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

                                  5828

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by  Sen. SANDERS -- 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 prohibiting discrimi-
  nation against religious attire

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

  Section 1. Paragraph (a) of subdivision 10 of section 296 of the exec-
utive  law, as amended by chapter 539 of the laws of 2002, is amended to
read as follows:
  (a) It shall be an unlawful discriminatory practice for any  employer,
or  an employee or agent thereof, to impose upon a person as a condition
of  obtaining  or  retaining  employment,  including  opportunities  for
promotion,  advancement or transfers, any terms or conditions that would
require such person to violate or forego a sincerely  held  practice  of
his  or her religion, including but not limited to the observance of any
particular day or days or any portion thereof as a sabbath or other holy
day in accordance with the requirements of his or her  religion  OR  THE
WEARING  OF  ANY ATTIRE, CLOTHING, OR FACIAL HAIR IN ACCORDANCE WITH THE
REQUIREMENTS OF HIS OR HER RELIGION, unless, after engaging  in  a  bona
fide  effort,  the employer demonstrates that it is unable to reasonably
accommodate the employee's  or  prospective  employee's  sincerely  held
religious  observance  or practice without undue hardship on the conduct
of the employer's business.  Notwithstanding any other provision of  law
to  the  contrary, an employee shall not be entitled to premium wages or
premium benefits for work performed during hours to which  such  premium
wages or premium benefits would ordinarily be applicable, if the employ-
ee  is  working during such hours only as an accommodation to his or her
sincerely held religious requirements.  Nothing  in  this  paragraph  or
paragraph  (b)  of  this  subdivision  shall alter or abridge the rights
granted to an employee concerning the payment of wages or privileges  of
seniority accruing to that employee.
  S 2. This act shall take effect immediately.

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

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