NY State Senate Bill 2023-S1760

Senate Bill S1760

2023-2024 Legislative Session

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

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to investigations and government operations
Jan 13, 2023	referred to investigations and government operations

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

                                 
BILL NUMBER: S1760

SPONSOR: SANDERS
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation expands discrimination protections under New York State
law and provides for greater transparency in the hiring process of
education professionals.

 
SUMMARY:

Section 1. Short title.

Section 2. Amends section 296 of the executive law by adding eleven new
4 subdivisions 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33.

Section 3. Amends section 292 of the executive law by adding three new
11 subdivisions 42, 43 and 44.

Section 4. Amends the education law by adding section 3009-a.

Section 5. Amends section 3009 of the education law by adding a new
subdivision 3.

Section 6. Amends the education law by adding section 3039.

Section 7. Amends paragraph (a) of subdivision I of section 296 of the
executive law, as separately amended by chapters 202 and 748 of the laws
of 2022.

Section 8. Amends subdivision 2 of section 40-c of the civil rights law,
as amended by chapter 8 of the laws of 2019.

Section 9. Amends section 40-d of the civil rights law, as amended by
chapter 191 of the laws of 1982.

Section 10. Amends subdivision 2-b of section 3813 of the education law,
as amended by chapter 474 of the laws of 1996.

Section 11. Amends the executive law by adding a new section 297-a.

Section 12. Amends the civil rights law by adding two new sections 49
and 49-a.

Section 13. Sets the effective date.

 
JUSTIFICATION:

New York's student population is vibrant and increasingly diverse,
however the composition of teachers has remained stagnant and overwhelm-
ingly white. According to the 2019 New York State Department of Educa-
tion Educator Diversity Report, students of color makeup 50 percent of
New York State's student population. Yet, 80 percent of New York's
teachers are white. This overwhelming disparity has tangible conse-
quences for students of color - Black students are 1.8 to 5.8 times more
likely to be suspended than white students in New York. A recent study
by Brown University found that students of color that share the same
race or ethnicity of their teacher are more likely to be held to higher
educational expectations and are less likely to be perceived as disrup-
tive, be absent from class, or be suspended from school.

The lack of teachers of color in the classroom creates a feedback loop
compounding this disparity, as students of color that receive less
support in the classroom or face implicit bias from teachers are less
likely to return to academia as a career. Further, a racially and
culturally diverse education workforce has demonstrated benefits for all
students to thrive. Through inaccessible and discriminatory hiring prac-
tices, New York State loses a multitude of vital perspectives in the
classroom and fails the students who make up the future of New York.

This legislation will ensure that New York's educator hiring practices
are fair, open, and inclusive through anti-discriminatory protections
and public postings for all positions. By giving teachers access to fair
hiring practices, students across New York State will benefit from a
diverse classroom.

 
RACIAL JUSTICE IMPACT:

Oftentimes, job opportunities are circulated among personal networks
which can lead to discrimination, as those who are not in those networks
are unaware of job opportunities. This bill will combat this issue by
requiring public school employment opportunities to be posted publicly,
allowing any qualified individual to apply, not just the well-connnect-
ed.

People of color face discrimination in the job application process and
in the workplace. This bill provides for greater protections from
discrimination in hiring as well as compensation. Disparate impact
protections are also added to ensure that these provisions are enforced
regardless of whether discrimination is intentional.

 
GENDER JUSTICE IMPACT:

A 2022 report published by the National Center for Education Statistics
shows that female educators and principals are paid less than their male
counterparts, even when controlling for variables such as school
location.

This bill adds discrimination protections for women, including transgen-
der women, and those who are nonbinany or gender nonconforming. Further
protections are added for those who have been victims of domestic
violence, which are overwhelmingly women.

 
PRIOR LEGISLATIVE HISTORY:

2022 REFERRED TO SENATE RULES

2021-22 referred to assembly governmental operations.

2021 REFERRED TO SENATE INVESTIGATIONS AND GOVERNMENT OPERATIONS
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

 S. 1760                             2
 
   26.  IT  SHALL  BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR A PERSON OR
 AGENCY TO VIOLATE FEDERAL CIVIL RIGHTS LAW  OR  ENGAGE  IN  AN  UNLAWFUL
 DISCRIMINATORY PRACTICE AS DEFINED BY FEDERAL CIVIL RIGHTS LAW.
   27.  IT  SHALL  BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR A PERSON OR
 AGENCY TO ENGAGE IN DISPARATE TREATMENT. UNLAWFUL  DISCRIMINATORY  PRAC-
 TICE BY DISPARATE TREATMENT OCCURS WHEN:
   (A)  THE  INDIVIDUAL  BEING  DISCRIMINATED  AGAINST  IS  A MEMBER OF A
 PROTECTED CLASS AND THE EMPLOYER, INSTITUTION OR PERSON KNOWS THE  INDI-
 VIDUAL'S  PROTECTED  CLASS  OR KNOWS THAT MEMBERS OF THE PROTECTED CLASS
 REQUIRE EQUAL TREATMENT;
   (B) THE ACT FAVORS OR ASSIGNS ADVANTAGE TO ONE  PROTECTED  CLASS  OVER
 ANOTHER PROTECTED CLASS; AND
   (C)  THE  REASON FOR THE ACT DID NOT INCLUDE A DOCUMENTED OR OTHERWISE
 VERIFIED ASSESSMENT  OR  EVALUATION  OF  MEMBERS  OF  BOTH  THE  FAVORED
 PROTECTED  CLASS AND THE UNFAVORED PROTECTED CLASS OR THE REASON FOR THE
 ACT DID NOT JUSTIFY A PERSON OF ONE PROTECTED CLASS BEING FAVORED OVER A
 PERSON OF ANOTHER PROTECTED CLASS.
   28. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR  A  PERSON  OR
 AGENCY  TO  ENGAGE  IN ACTS OF DISPARATE IMPACT. UNLAWFUL DISCRIMINATORY
 PRACTICE BY DISPARATE IMPACT OCCURS WHEN SUCH PERSON OR AGENCY:
   (A) IDENTIFIES A SPECIFIC POLICY OR PRACTICE THAT  FAVORS  OR  ASSIGNS
 ADVANTAGE TO ONE PROTECTED CLASS OVER ANOTHER PROTECTED CLASS;
   (B)  ESTABLISHES ADVERSITY OR HARM TO A PROTECTED CLASS OR A MEMBER OF
 A PROTECTED CLASS;
   (C) ESTABLISHES A SIGNIFICANT DISPARITY BETWEEN  A  FAVORED  PROTECTED
 CLASS AND AN UNFAVORED PROTECTED CLASS; AND
   (D)  ESTABLISHES  A  CAUSAL  CONNECTION,  THAT  THE POLICY OR PRACTICE
 REASONABLY OR LOGICALLY LED, WHOLLY OR IN  PART,  TO  THE  ADVERSITY  OR
 HARM.
   29.  IT  SHALL  BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR A PERSON OR
 AGENCY TO ENGAGE IN ACTS OF UNLAWFUL DISCRIMINATORY  PRACTICE  BY  MALI-
 CIOUS TREATMENT. UNLAWFUL DISCRIMINATORY PRACTICE BY MALICIOUS TREATMENT
 OCCURS WHEN:
   (A)  AN ACTOR'S USAGE OF DEROGATORY OR DEMEANING LANGUAGE RELATED TO A
 PROTECTED STATUS OF THE COMPLAINANT OR EXECUTING A DEMEANING ACT AGAINST
 THE PROTECTED STATUS OF THE COMPLAINANT  BEFORE,  DURING  OR  AFTER  THE
 ALLEGED  ACT OF DISCRIMINATION WITHIN A TIME EQUAL TO THE LAWFUL STATUTE
 OF LIMITATIONS FOR FILING A CIVIL SUIT AGAINST THE ACT;
   (B) ADVERSITY OR HARM AS A RESULT OF SUCH LANGUAGE OR  ACT  IS  ESTAB-
 LISHED.
   (C) CAUSAL CONNECTION, THAT THE ACT REASONABLY LED, WHOLLY OR IN PART,
 TO ADVERSITY OR HARM IS ESTABLISHED.
   30. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR A PUBLIC AGEN-
 CY  TO ENGAGE IN A CONTRACTUAL AGREEMENT IN AN AMOUNT GREATER THAN FIFTY
 THOUSAND DOLLARS WITHOUT A DOCUMENTED COMPETITIVE PROCESS THAT  PROVIDED
 EQUAL OPPORTUNITY TO PERSONS WITHOUT FAVOR OR ADVANTAGE TO ANY PROTECTED
 CLASS.
   31. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO
 GIVE  EMPLOYMENT  OPPORTUNITY TO A CANDIDATE OF ONE PROTECTED CLASS THAT
 DOES NOT MEET A STATUTORY OR PUBLISHED MINIMUM OR REQUIRED QUALIFICATION
 WHILE DENYING EMPLOYMENT OPPORTUNITY  TO  A  CANDIDATE  OF  A  DIFFERENT
 PROTECTED  CLASS  THAT  MEETS THE SAME STATUTORY OR PUBLISHED MINIMUM OR
 REQUIRED QUALIFICATION.
   32. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR A  PERSON  WHO
 RECEIVES A COMPLAINT OF DISCRIMINATION OR RETALIATION TO REFUSE TO ADJU-
 S. 1760                             3
 
 DICATE  THE  COMPLAINT  OR  OTHERWISE  ADDRESS  THE COMPLAINT FOR RELIEF
 BECAUSE IT IS A COMPLAINT CLAIMING DISCRIMINATION OR RETALIATION.
   33. THE FOLLOWING ACTS AND ONLY THE FOLLOWING ACTS SHALL BE EXEMPTIONS
 AND  EXCEPTIONS  TO  THE  PROVISIONS OF THIS ARTICLE AND ANY OF THE LAWS
 THAT SAID ARTICLE SUPPORTS AND PROTECTS:
   (A) ACTS THAT SET FORTH IN  WRITING  AN  INTENTION  TO  PROVIDE  EQUAL
 OPPORTUNITY TO A PROTECTED CLASS THAT HAS HISTORICALLY BEEN DENIED EQUAL
 OPPORTUNITY.
   (B)  ACTS  THAT  SET FORTH IN WRITING AN INTENTION TO CORRECT UNLAWFUL
 DISCRIMINATION FOR OR AGAINST A PROTECTED CLASS.
   (C) ACTS THAT FOR WHICH NO POSSIBLE INFERENCE  OF  UNLAWFUL  DISCRIMI-
 NATION  CAN  BE  ESTABLISHED  BY DISPARATE TREATMENT EVIDENCE, DISPARATE
 IMPACT EVIDENCE, MALICIOUS TREATMENT EVIDENCE OR  ANY  OTHER  DIRECT  OR
 INDIRECT EVIDENCE.
   §  3.  Section 292 of the executive law is amended by adding three new
 subdivisions 42, 43 and 44 to read as follows:
   42. THE TERM "REAL OCCUPATIONAL QUALIFICATION", MEANS  THE  POSSESSION
 OF A GOVERNMENTALLY OR PRIVATELY ISSUED CERTIFICATION, LICENSE, DIPLOMA,
 OR DEGREE, OR A SCORED EXAMINATION OR ASSESSMENT OF KNOWLEDGE, SKILLS OR
 ABILITIES REQUIRED FOR THE EMPLOYMENT POSITION.
   43.  THE  TERM  "LAWFUL  PROTECTED  STATUS ORIENTED CONTRACT" SHALL BE
 DEFINED AS A LEGALLY BINDING AGREEMENT BETWEEN TWO PARTIES TO COMPENSATE
 AN INDIVIDUAL FOR PRODUCTS OR SERVICES RELATED DIRECTLY TO THAT INDIVID-
 UAL'S PROTECTED STATUS OR TO COMPENSATE A COMPANY BECAUSE OF THE  COMPA-
 NY'S  STATUS  AS A MINORITY OR WOMAN-OWNED ENTERPRISE, INCLUDING BUT NOT
 LIMITED TO EMPLOYING TEST SUBJECTS BY RACE OR COLOR BECAUSE OF SCIENTIF-
 IC STUDIES ON THE EFFECTS OF SUNTAN LOTION, EMPLOYING PHYSICAL EDUCATION
 TEACHERS BY GENDER BECAUSE OF LOCKER ROOM SUPERVISION, EMPLOYING A LEAD-
 ER OF A RELIGIOUS INSTITUTION BY CREED BECAUSE OF  RELIGIOUS  INTEGRITY,
 AND  PURCHASING  FROM  A  MINORITY-OWNED BUSINESS ENTERPRISE OR A WOMAN-
 OWNED BUSINESS ENTERPRISE IN AN EFFORT TO COMPLY WITH  LOCAL,  STATE  OR
 FEDERAL  LAWS  OR  TO  DIVERSIFY  SPENDING PORTFOLIOS FAIRLY AMONGST THE
 CITIZENRY.
   44. THE TERM "SIGNIFICANT DISPARITY" SHALL INCLUDE BUT NOT BE  LIMITED
 TO THE FOLLOWING:
   (A) A PROBABILITY OF OCCURRENCE LESS THAN ONE-HALF OF ONE PERCENT.
   (B)  A  PROTECTED CLASS BEING ADVANTAGED OR DISADVANTAGED WITH A RATIO
 BEYOND 4:1 OR 1:4 WITHIN PROTECTED CLASS POPULATIONS FOR A SPECIFIC  AND
 REASONABLE  MUNICIPAL  AREA  UTILIZING  MUTUALLY AGREED UPON STATISTICS,
 RELEVANT DATA SUPPLIED BY THE MUNICIPALITY, OR THE  MOST  RECENT  CENSUS
 DATA FOR SAID MUNICIPALITY.
   (C)  THE  COMBINATION  OF  A  PROBABILITY  OF OCCURRENCE LESS THAN ONE
 PERCENT AND A RATIO OF DISPROPORTIONALITY BEYOND 1:8 OR 8:1 AS SET FORTH
 IN PARAGRAPH (B) OF THIS SUBDIVISION.
   § 4. The education law is amended by adding a new  section  3009-a  to
 read as follows:
   §  3009-A. HIRING OUTSTANDING PROFESSIONALS IN EDUCATION. 1. NO PERSON
 SHALL BE APPOINTED TO A CERTIFICATED POSITION IN A PUBLIC SCHOOL  UNLESS
 THE  POSITION  WAS PUBLICLY ADVERTISED FOR A MINIMUM OF FOURTEEN CONSEC-
 UTIVE DAYS WITHIN THE PERIOD OF ONE HUNDRED EIGHTY  DAYS  PRIOR  TO  THE
 DATE  OF  APPOINTMENT. THE FOURTEEN CONSECUTIVE DAYS MAY ONLY BE REDUCED
 TO SEVEN CONSECUTIVE DAYS TO APPOINT  A  CLASSROOM  TEACHER  WITHIN  THE
 FOURTEEN  DAYS PRIOR TO THE FIRST DAY OF STUDENT ATTENDANCE IN AUGUST OR
 SEPTEMBER.
   2. NO PERSON SHALL BE APPOINTED TO A CERTIFICATED POSITION IN A PUBLIC
 SCHOOL WITHOUT HAVING APPLIED FOR THE CERTIFICATED POSITION IN  RESPONSE
 S. 1760                             4
 
 TO  A PUBLIC ADVERTISEMENT OF THE CERTIFICATED POSITION ON OR BEFORE THE
 PUBLISHED DEADLINE.
   3.  NO PERSON SHALL BE APPOINTED TO A CERTIFICATED POSITION PRIOR TO A
 SCHOOL-CONDUCTED EXAMINATION OR SCORED ASSESSMENT OF FITNESS OF AT LEAST
 THREE DIFFERENT PERSONS FOR THE  SPECIFIC  CERTIFICATED  POSITION.  SUCH
 EXAMINATIONS OR SCORED ASSESSMENTS OF FITNESS MAY BE, BUT ARE NOT LIMIT-
 ED  TO,  ONE-TO-ONE  INTERVIEWS, PANEL INTERVIEWS, CONTENT AREA EXAMINA-
 TIONS, WRITING SAMPLES, DEMONSTRATION LESSONS, AND SAMPLE  LESSON  PLANS
 WITH  SIGNED  RECORDS  OF  SUCH EXAMINATIONS OR SCORED ASSESSMENTS ALONG
 WITH APPLICANT DOCUMENTS AND DEMOGRAPHIC DATE BEING PHYSICALLY FILED FOR
 A MINIMUM OF SEVEN YEARS AND  ELECTRONICALLY  FILED  PERMANENTLY.    THE
 THREE  DIFFERENT  PERSONS MAY BE REDUCED TO A COMPETITIVE EXAMINATION OF
 TWO PERSONS OR TO AN EXAMINATION OF ONE PERSON IF AND ONLY IF LESS  THAN
 THREE  PERSONS APPLY TO A PUBLIC ADVERTISEMENT AS DEFINED IN SUBDIVISION
 NINE OF THIS SECTION.
   4. NO PERSON SHALL BE APPOINTED TO  A  CERTIFICATED  POSITION  WITHOUT
 POSSESSING  THE  REQUISITE  CERTIFICATE  FOR  THE  CERTIFICATED POSITION
 ACCORDING TO COMMISSIONER REGULATIONS.
   5. NO PERSON SHALL BE APPOINTED TO A CERTIFICATED POSITION IN A PUBLIC
 SCHOOL BECAUSE OF AFFINITY FOR OR ANIMUS AGAINST A RACE,  CREED,  COLOR,
 NATIONAL ORIGIN, SEX, MARITAL STATUS, SEXUAL ORIENTATION, GENDER IDENTI-
 TY  OR EXPRESSION, OR DISABILITY, AS SUCH TERM IS DEFINED IN SECTION TWO
 HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, EXCEPT WHEN  SUCH  ACTIONS  ARE
 TAKEN  TO  CORRECT  THE  IMPACTS OF A DOCUMENTED UNLAWFUL DISCRIMINATORY
 PRACTICE.
   6. THE NOTICE OF EMPLOYMENT OPPORTUNITY FOR  A  CERTIFICATED  POSITION
 LOCATED IN SUBDIVISION ONE OF THIS SECTION SHALL BE DEEMED A CIVIL RIGHT
 FOR  PERSONS  WHO HOLD THE REQUISITE CERTIFICATION, ACCORDING TO COMMIS-
 SIONER REGULATIONS, FOR THE CERTIFICATED POSITION.
   7.   APPOINTMENTS THAT PROMOTE TEMPORARY  EMPLOYEES  TO  POSITIONS  AS
 PROBATIONARY  EMPLOYEES  WITHOUT  CONDUCTING  A  REQUIREMENT  HEREIN ARE
 STRICTLY PROHIBITED.
   8. NO PERSON SHALL BE APPOINTED TO  A  CERTIFICATED  POSITION  WITHOUT
 CONDUCTING  A REQUIREMENT OF THIS SECTION EXCEPT AS AN ACTING OR INTERIM
 APPOINTMENT BECAUSE OF AN UNFORESEEN RESIGNATION, INCAPACITATION,  DEATH
 OR DUTIFUL REASSIGNMENT OF AN EMPLOYEE. SUCH APPOINTMENTS ARE LIMITED TO
 ONE YEAR IN DURATION AND MAY NOT BE REAPPOINTED, RENEWED OR EXTENDED.
   9.  FOR THE PURPOSES OF THIS SECTION, "PUBLICLY ADVERTISED" SHALL MEAN
 SOLICITED IN WRITING WITHOUT INTENTIONAL CONCEALMENT FROM ANY PERSON.
   10.   PERSONS APPOINTED  TO  CERTIFICATED  POSITIONS  OUTSIDE  OF  THE
 REQUIREMENTS  SET  FORTH  IN  THIS  SECTION SHALL BE UNQUALIFIED FOR THE
 APPOINTED CERTIFICATED POSITION FOR ALL PURPOSES OF THIS CHAPTER.
   11. ANY PERSON WHO WAS QUALIFIED FOR AND NOT APPOINTED  TO  A  CERTIF-
 ICATED  POSITION HAS A CAUSE OF ACTION FOR RESULTING DAMAGES AGAINST THE
 SCHOOL, OFFICERS OR EMPLOYEES THAT ENGAGED IN ANY VIOLATION OF  SUBDIVI-
 SIONS ONE THROUGH EIGHT OF THIS SECTION.
   §  5.  Section  3009  of  the education law is amended by adding a new
 subdivision 3 to read as follows:
   3.  FOR THE PURPOSES OF THIS SECTION AND SECTION THREE THOUSAND TEN OF
 THIS CHAPTER, AN "UNQUALIFIED TEACHER" FOR A PUBLIC SCHOOL  CERTIFICATED
 POSITION  SHALL  BE  ANY  PERSON WHO DOES NOT OR DID NOT MEET ALL OF THE
 REQUIREMENTS TO BE APPOINTED TO SAID PUBLIC  SCHOOL  CERTIFICATED  POSI-
 TION.
   § 6. The education law is amended by adding a new section 3039 to read
 as follows:
 S. 1760                             5
 
   §  3039.  DISCRIMINATION  BASED  ON  AFFINITY  FOR OR ANIMUS AGAINST A
 PROTECTED CLASS IS PROHIBITED. NOTWITHSTANDING ANY PROVISION OF  LAW  TO
 THE  CONTRARY,  NO BOARD OF EDUCATION IN ANY CITY, UNION FREE, COMMON OR
 CENTRAL SCHOOL DISTRICT IN THIS STATE SHALL HEREAFTER PROHIBIT, PREVENT,
 DISQUALIFY  OR  DISCRIMINATE  AGAINST  ANY  PERSON WHO IS PHYSICALLY AND
 MENTALLY QUALIFIED FROM COMPETING, PARTICIPATING, OR REGISTERING FOR  AN
 EXAMINATION  FOR  OR FROM QUALIFYING FOR, A POSITION LICENSED OR CERTIF-
 ICATED BY THE DEPARTMENT, OR BE EXCLUDED FROM AND DENIED  EQUAL  EMPLOY-
 MENT OPPORTUNITY, OR PENALIZED IN A FINAL RATING BY REASON OF HIS OR HER
 MEMBERSHIP  IN  A  PROTECTED CLASS OR RETALIATED AGAINST AFTER HE OR SHE
 FORMALLY ALLEGED DISCRIMINATION. ANY SUCH RULE, REQUIREMENT, RESOLUTION,
 REGULATION, PENALIZATION, EXCLUSION, DENIAL, DISCRIMINATION  OR  RETALI-
 ATION OF SUCH BOARD OR ITS EMPLOYEES SHALL BE VOID. NOTHING CONTAINED IN
 THIS  SECTION SHALL PREVENT SUCH BOARD FROM ADOPTING REASONABLE REQUIRE-
 MENTS FOR POSITIONS, EXCEPT WHERE SUCH REQUIREMENTS FOR  SUCH  POSITIONS
 ARE  ALREADY  LIMITED  AND  PRESCRIBED BY LAW. NOTHING CONTAINED IN THIS
 SECTION SHALL PREVENT ACTION TO CORRECT THE IMPACTS OF DOCUMENTED UNLAW-
 FUL DISCRIMINATORY PRACTICE.
   § 7. Paragraph (a) of subdivision 1 of section 296  of  the  executive
 law,  as separately amended by chapters 202 and 748 of the laws of 2022,
 is amended to read as follows:
   (a) For an employer or licensing agency[, because of an  individual's]
 TO REFUSE TO HIRE OR EMPLOY OR TO BAR OR TO DISCHARGE FROM EMPLOYMENT AN
 INDIVIDUAL,  OR TO DISCRIMINATE AGAINST AN INDIVIDUAL IN COMPENSATION OR
 IN TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT, OR TO DENY AN INDIVID-
 UAL THE OPPORTUNITY TO OBTAIN EMPLOYMENT WITHOUT DISCRIMINATION, BECAUSE
 OF MALICIOUS TREATMENT, DISPARATE TREATMENT OR DISPARATE IMPACT  ACCORD-
 ING  TO  age,  race, creed, color, national origin, citizenship or immi-
 gration status, sexual orientation, gender identity or expression, mili-
 tary status,  sex,  disability,  predisposing  genetic  characteristics,
 familial  status,  marital  status,  or  status  as a victim of domestic
 violence, OR PREVIOUS CONDITION OF SERVITUDE to refuse to hire or employ
 or to bar or to discharge from employment such individual or to discrim-
 inate against such individual in compensation or in terms, conditions or
 privileges of employment.
   § 8. Subdivision 2 of section 40-c of the civil rights law, as amended
 by chapter 8 of the laws of 2019, is amended to read as follows:
   2. No person shall, because  of  AGE,  race,  creed,  color,  national
 origin,  sex,  marital  status,  sexual  orientation, gender identity or
 expression,  PREDISPOSING  GENETIC  CHARACTERISTICS,  FAMILIAL   STATUS,
 STATUS  AS  A  VICTIM OF DOMESTIC VIOLENCE, PREVIOUS CONDITION OF SERVI-
 TUDE, or disability, as such term is  defined  in  section  two  hundred
 ninety-two  of  the executive law, be subjected to any discrimination in
 his or her civil rights, [or] to any harassment, as defined  in  section
 240.25  of the penal law, OR TO ANY FORM OF VICTIMIZATION, AS DEFINED IN
 ARTICLES ONE HUNDRED TWENTY, TWO HUNDRED FORTY, TWO  HUNDRED  FORTY-ONE,
 TWO  HUNDRED  FORTY-TWO  OR FOUR HUNDRED EIGHTY-FIVE OF THE PENAL LAW in
 the exercise thereof, by any other person or by any firm, corporation or
 institution, or by the state or any agency or subdivision of the state.
   § 9. Section 40-d of the civil rights law, as amended by  chapter  191
 of the laws of 1982, is amended to read as follows:
   § 40-d. Penalty for violation. Any person who shall violate any of the
 provisions  of  the  foregoing  section, or subdivision three of section
 240.30 or section 240.31 of the penal law, or who shall  aid  or  incite
 the  violation  of  any  of  said  provisions  shall  for each and every
 violation thereof be liable to a penalty of not less than one  [hundred]
 S. 1760                             6
 
 THOUSAND  dollars  nor  more than five [hundred] THOUSAND dollars, to be
 recovered by the person aggrieved thereby  in  any  court  of  competent
 jurisdiction in the county in which the defendant shall reside. In addi-
 tion,  any person who shall violate any of the provisions of the forego-
 ing section shall be deemed guilty of  a  class  A  misdemeanor.  At  or
 before the commencement of any action under this section, notice thereof
 shall be served upon the attorney general.
   § 10. Subdivision 2-b of section 3813 of the education law, as amended
 by chapter 474 of the laws of 1996, is amended to read as follows:
   2-b.  Except  as  provided  in  subdivision  two  of this section and,
 notwithstanding any other provision of law providing a longer period  of
 time  in which to commence an action or special proceeding, no action or
 special proceeding shall be commenced against any  entity  specified  in
 subdivision  one  of  this section more than one year after the cause of
 action arose; provided, however, that nothing contained in this subdivi-
 sion shall PERTAIN TO CIVIL RIGHTS OR HUMAN RIGHTS CAUSES OF  ACTION  OR
 be  deemed  to  modify  or  supersede  any provision of law specifying a
 shorter period of time  in  which  to  commence  an  action  or  special
 proceeding  against any such entity. For purposes of this subdivision, a
 cause of action against the school district of residence for  reimburse-
 ment  of  tuition costs incurred pursuant to subdivision four of section
 thirty-two hundred two of this chapter by the school district in which a
 family home at board is located shall arise as of the date  payment  for
 the amount claimed was denied.
   §  11.  The  executive law is amended by adding a new section 297-a to
 read as follows:
   § 297-A. TOLLING. STATUTES OF LIMITATIONS FOR FILING CAUSES OF  ACTION
 ACCORDING TO THIS ARTICLE SHALL BE TOLLED FOR THE LENGTH OF TIME A CIVIL
 RIGHTS  OR  HUMAN  RIGHTS  ADMINISTRATIVE  AGENCY INVESTIGATES AND MAKES
 CONCLUSIONS ABOUT ALLEGED VIOLATIONS OF THIS ARTICLE, MEASURED FROM  THE
 DAY  A  COMPLAINT  WAS FILED IN WRITING TO THE DAY OF THE CONCLUSION WAS
 ISSUED IN WRITING.
   § 12. The civil rights law is amended by adding two  new  sections  49
 and 49-a to read as follows:
   §  49.  CAUSE  OF  ACTION.  ANY  PERSON  WHO IS QUALIFIED FOR A PUBLIC
 CONTRACT WHO HAS BEEN  DEPRIVED  OF  EQUAL  OPPORTUNITY  TO  THE  PUBLIC
 CONTRACT SHALL HAVE A CAUSE OF ACTION BASED ON THE DEPRIVATION THEREOF.
   §  49-A.  TOLLING. STATUTES OF LIMITATIONS FOR FILING CAUSES OF ACTION
 ACCORDING TO ARTICLE FOUR OF THIS CHAPTER SHALL BE TOLLED FOR THE LENGTH
 OF TIME A CIVIL RIGHTS OR HUMAN RIGHTS  ADMINISTRATIVE  AGENCY  INVESTI-
 GATES  AND MAKES CONCLUSIONS ABOUT ALLEGED VIOLATIONS OF ARTICLE FOUR OF
 THIS CHAPTER, MEASURED FROM THE DAY A COMPLAINT WAS FILED IN WRITING  TO
 THE DAY OF THE CONCLUSION WAS ISSUED IN WRITING.
   § 13. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.