NY State Senate Bill 2017-S1503

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Jan 10, 2017	referred to investigations and government operations

co-Sponsors

2017-S1503 (ACTIVE) - Details

See Assembly Version of this Bill:: A4977
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6170
2013-2014: A864
2015-2016: S6867, A2049
2019-2020: S4037, A4204

2017-S1503 (ACTIVE) - Summary

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

2017-S1503 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1503             Revised 06/02/17

 TITLE OF BILL :

An act to amend  the executive law, in relation to prohibiting
discrimination against religious attire

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would clarify that the wearing of any attire, clothing, or
facial hair in accordance with the requirements of his or her religion
is protected under the Human Rights Law.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill would clarify that it is an unlawful
discriminatory practice for an employer to require a person to violate
or forego the wearing attire, clothing, or facial hair in accordance
with the requirements of his or her religion, unless the employer
demonstrates that it is unable to reasonably accommodate the person's
religious practice without undue hardship on the conduct of the
employer's business.

Section two is the effective date.

 JUSTIFICATION :

This bill is intended to protect the religious rights of all New
Yorkers.

As part of Orthodox Jewish practice, women are required to wear
dresses, as opposed to pants. In November 2015, an Orthodox Jewish
woman was hired as a paramedic at a Manhattan hospital. During
orientation, the woman was informed she would need to wear pants as
part of the job's uniform code, or otherwise be fired. The woman
refused to compromise her religious beliefs and practices, and was
fired as a result. This bill would provide protections from the above
mistreatment, and prohibit employers from requiring current or
prospective employees to forego religious attire as a condition of
employment.

In addition to the above example, is a case in New York City where a
member of the Sikh religion, who worked for the MTA, was ordered to
remove his turban and wear an MTA hat. When he objected, on religious
grounds, the MTA responded that he may wear the turban, only if he
affixed an MTA badge to the front. This was unacceptable as wearing a
turban is a solemn religious duty, and affixing a badge would be a
religious violation.

This bill would ensure that persons, like the woman and gentleman
described above, will no longer be discriminated against at their
places of work because of their expression of religious duties.

 PRIOR LEGISLATIVE HISTORY :

Similar legislation 2015-16: 5.3263 (Sanders) - referred to
Investigations and Government Operations / A.2409 (Weprin) - Passed
Assembly.
2013-14: 5.5828 (Sanders) - referred to Investigations and Government
Operations / A.864-A (Weprin) - Passed Assembly

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become law.

2017-S1503 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1503
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01237-01-7

 S. 1503                             2
 
 granted to an employee concerning the payment of wages or privileges  of
 seniority accruing to that employee.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S1503

Sponsored By

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

co-Sponsors

2017-S1503 (ACTIVE) - Details

2017-S1503 (ACTIVE) - Summary

2017-S1503 (ACTIVE) - Sponsor Memo

2017-S1503 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1503

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Sponsored By

Tony Avella

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

co-Sponsors

Marisol Alcantara

Timothy M. Kennedy

Luis R. Sepúlveda

2017-S1503 (ACTIVE) - Details

2017-S1503 (ACTIVE) - Summary

2017-S1503 (ACTIVE) - Sponsor Memo

2017-S1503 (ACTIVE) - Bill Text download pdf

Comments