Senate Bill S1760

2023-2024 Legislative Session

Relates to certain discriminatory practices; and to the qualification of professionals in education

download bill text pdf

Sponsored By

Current 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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2023-S1760 (ACTIVE) - Details

See Assembly Version of this Bill:
A814
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §§296 & 292, add §297-a, Exec L; add §§3009-a & 3039, amd §§3009 & 3813, Ed L; amd §§40-c & 40-d, add §§49 & 49-a, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
S7476, A5784

2023-S1760 (ACTIVE) - Summary

Relates to certain discriminatory practices; relates to the qualification of professionals in education; provides for the tolling of certain statutes of limitations; provides a private cause of action for a person who is qualified for a public contract who has been deprived of equal opportunity to such public contract.

2023-S1760 (ACTIVE) - Sponsor Memo

2023-S1760 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1760
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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, the civil rights law and  the  educa-
   tion  law,  in  relation  to  certain discriminatory practices; and to
   amend the education law, in relation to the hiring  and  qualification
   of professionals in education
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Hiring Outstanding Professionals in Education (HOPE) Act".
   §  2. Section 296 of the executive law is amended by adding eleven new
 subdivisions 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33 to  read  as
 follows:
   23. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
 LICENSING  AGENCY TO BAR ANY MEMBER OF A PROTECTED CLASS FROM EMPLOYMENT
 OPPORTUNITY BY VIOLATING AN ESTABLISHED LAW OR POLICY  THAT  WOULD  HAVE
 PROVIDED SUCH MEMBER OF THE PROTECTED CLASS WITH EQUAL EMPLOYMENT OPPOR-
 TUNITY.
   24.  THE  ONLY LEGITIMATE BUSINESS OR OCCUPATIONAL NECESSITY EXEMPTION
 FOR EXCLUDING A PROTECTED CLASS FROM EQUAL EMPLOYMENT OPPORTUNITY  SHALL
 BE  A  REAL  OCCUPATIONAL  QUALIFICATION  OR  A  LAWFUL PROTECTED STATUS
 ORIENTED CONTRACT.
   25. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR  A  PERSON  OR
 AGENCY  TO  DENY  EQUAL  OPPORTUNITY  TO  A  FULL AND PRODUCTIVE LIFE BY
 ASSIGNING OR APPROVING AN ADVANTAGE OR DISADVANTAGE  IN  OPPORTUNITY  TO
 PERSONS ACCORDING TO AGE,  RACE,  CREED,  COLOR,  NATIONAL ORIGIN, SEXU-
 AL  ORIENTATION,  GENDER  IDENTITY  OR EXPRESSION, MILITARY STATUS, SEX,
 DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS, MARI-
 TAL STATUS, STATUS AS A VICTIM OF DOMESTIC VIOLENCE OR  PREVIOUS  CONDI-
 TION OF SERVITUDE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02168-01-3
              

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