BILL NUMBER: S4453      Revised 1/7/2020

SPONSOR: THOMAS
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to
section 11 of article 1 of the constitution, in relation to equality of
rights and protection against discrimination

 
PURPOSE OR GENERAL IDEA OF BILL:

To add "age, national origin, sexual orientation" to the New York State
Constitution's protections against discrimination.

 
SUMMARY OF PROVISIONS:

Section 1 of the concurrent resolution amends section 11 of article 1 of
the NYS Constitution to add age, national origin, sexual orientation to
the list of classes protected by the equal protection clause of the New
York State Constitution.

              

Section 2 of the concurrent resolution calls for the reconsideration of
the concurrent resolution following a general election of the Assembly,
along with public publishing requirements, so as to comply with the
constitution.

 
JUSTIFICATION:

Federal law creates protected classes for race, color, religion or
creed, national origin, sex, age, mental or physical disability, veteran
status and genetic information. Other protected classes may exist under
state or local law.

This bill adds three new protected classes to the state constitution,
age, national origin, and sexual orientation. A protected class is a
group of people with a similar characteristic protected from discrimi-
nation by law.

Not only is discrimination unfair, but it also causes harm to the indi-
viduals subject to it and our society. Several studies have indicated
that individuals belonging to groups that are discriminated against face
a significant wage gap (around 15%) when compared to those who do not.
Moreover, a 2016 study by the National Institutes of Health found that
LGBTQ people who are discriminated against are more likely to have
mental health and substance abuse problems than those not discriminated
against.

The consequences of discrimination are clear. New York State has an
obligation to protect its citizens from these unfair and harmful prac-
tices. Making sexual orientation, national identity, and age protected
classes in the New York State constitution will increase the protections
for these groups, and provide these individuals assurance that they will
be treated equally.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

 
EFFECTIVE DATE:
If reapproved by the legislature following the general election of the
Assembly, the amendment will be submitted to the voters of the State of
New York. If a majority of voters casting a ballot approve the measure,
the amendment will go into effect on the first day of January following
the date of the voters' approval.