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

                                  5880

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sens.  HANNON,  CARLUCCI,  ROBACH  -- (at request of the
  Governor) -- 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.
                                                           LBD12058-01-3

              

S. 5880                             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.