NY State Senate Bill 2021-S980

Senate Bill S980

2021-2022 Legislative Session

Relates to including the basis of religious attire and facial hair in the definition of unlawful discriminatory practice

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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 05, 2022	referred to investigations and government operations
Jan 06, 2021	referred to investigations and government operations

co-Sponsors

2021-S980 (ACTIVE) - Details

See Assembly Version of this Bill:: A9304
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7004
2023-2024: S4407, A1312

2021-S980 (ACTIVE) - Summary

Relates to including the basis of religious attire and facial hair in the definition of unlawful discriminatory practice.

2021-S980 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S980

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to including the basis of
religious attire and facial hair in the definition of unlawful discrimi-
natory practice

 
PURPOSE:

To enumerate that unlawful discriminatory practices by places of public
accommodation against a person's creed includes discrimination based on
attire, clothing or facial hair in accordance with the requirements or
practice of the individual's religion.

 
SUMMARY OF PROVISIONS:

Section One makes explicit that it is unlawful for a place of public
accommodation to discriminate against a person based on the wearing of
any attire, clothing or facial hair in accordance with the requirements

or practices of his or her religion.

Section Two provides that this act shall take effect immediately.

 
JUSTIFICATION:

While religious discrimination been outlawed under both state and feder-
al law for some time, this amendment makes clear that the prohibition
against discrimination in places of public accommodation based on
"creed" includes bias against a patrons religious clothing, facial hair
or attire.

In 2019, the legislature made explicit that it shall be an unlawful
employment practice to discriminate against someone based on the wearing
of attire, clothing or facial hair in accordance with his or her reli-
gion. This legislation is an extension of the 2019 law, and applies to
patrons of places of public accommodation by providing them with equal
protection against religious discrimination. This legislation stems from
an incident involving a restaurant establishment, which was reported to
be discriminating against a guest based on his religious attire.

 
LEGISLATIVE HISTORY:

2019-20: S7004

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2021-S980 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    980
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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 including the basis of
   religious attire and facial hair in the definition of unlawful discri-
   minatory practice
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 2 of section 296 of the execu-
 tive  law,  as  amended  by chapter 8 of the laws of 2019, is amended to
 read as follows:
   (a) It shall be an unlawful discriminatory practice  for  any  person,
 being  the  owner, lessee, proprietor, manager, superintendent, agent or
 employee of any place of  public  accommodation,  resort  or  amusement,
 because  of the race, creed, INCLUDING THE WEARING OF ANY ATTIRE, CLOTH-
 ING OR FACIAL HAIR IN ACCORDANCE WITH THE REQUIREMENTS  OR  PRACTICE  OF
 HIS  OR HER RELIGION, color, national origin, sexual orientation, gender
 identity or expression, military  status,  sex,  disability  or  marital
 status  of  any person, directly or indirectly, to refuse, withhold from
 or deny to such person any of the accommodations, advantages, facilities
 or privileges thereof, including the extension of credit,  or,  directly
 or  indirectly,  to publish, circulate, issue, display, post or mail any
 written or printed communication, notice or advertisement, to the effect
 that any of the accommodations, advantages, facilities and privileges of
 any such place shall be refused, withheld from or denied to  any  person
 on account of race, creed, INCLUDING THE WEARING OF ANY ATTIRE, CLOTHING
 OR FACIAL HAIR IN ACCORDANCE WITH THE REQUIREMENTS OR PRACTICE OF HIS OR
 HER RELIGION, color, national origin, sexual orientation, gender identi-
 ty or expression, military status, sex, disability or marital status, or
 that  the  patronage or custom thereat of any person of or purporting to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03791-01-1

 S. 980                              2
 
 be of any particular race, creed, color, national origin, sexual  orien-
 tation,  gender  identity or expression, military status, sex or marital
 status, or having  a  disability  is  unwelcome,  objectionable  or  not
 acceptable, desired or solicited.
   § 2. This act shall take effect immediately.

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Senate Bill S980

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Sponsored By

James Gaughran