LBD07398-03-4
S. 5465--A 2
CONSISTENT OR PREDICTABLE SCHEDULING, TIME OFF WORK SUCH AS TO ATTEND
MEETINGS OR APPOINTMENTS, TEMPORARY OR PERMANENT TRANSFER TO ANOTHER
POSITION, OR LEAVE OF ABSENCE; provided, however, that such actions do
not impose an undue hardship on the business, program or enterprise of
the entity from which action is requested.
§ 2. Section 292 of the executive law is amended by adding 4 new
subdivisions 42, 43, 44 and 45 to read as follows:
42. THE TERM "CAREGIVER" MEANS A PERSON WHO PROVIDES THE DAILY CARE OR
SUPERVISION OF A MINOR CHILD OR A CARE RECIPIENT, OR ANY PERSON WHO
CONTRIBUTES TO AND IS INVOLVED IN THE CARETAKING RESPONSIBILITIES OF
SUCH MINOR CHILD OR CARE RECIPIENT. SUCH MINOR CHILD OR CARE RECIPIENT
MAY, BUT NEED NOT, RESIDE IN THE HOUSEHOLD OF THE CAREGIVER. THE DEFI-
NITION OF "CAREGIVER" SHALL NOT INCLUDE PERSONS PERFORMING CARETAKING
SERVICES IN THE CAPACITY OF EMPLOYMENT AS A DOMESTIC WORKER AS DEFINED
BY SUBDIVISION SIXTEEN OF SECTION TWO OF THE LABOR LAW.
43. THE TERM "MINOR CHILD" MEANS A CHILD UNDER THE AGE OF EIGHTEEN.
44. THE TERM "CARE RECIPIENT" MEANS A COVERED FAMILY MEMBER WHO HAS A
DISABILITY, INCLUDING A TEMPORARY DISABILITY, OR IS AGED SIXTY-FIVE OR
OLDER, AND WHO RELIES ON THE CAREGIVER FOR MEDICAL CARE OR TO MEET THE
NEEDS OF DAILY LIVING.
45. THE TERM "COVERED FAMILY MEMBER" MEANS:
(A) A CHILD, MEANING THE BIOLOGICAL, ADOPTIVE, OR FOSTER CHILD, LEGAL
WARD, A CHILD TO WHOM THE CAREGIVER STANDS IN LOCO PARENTIS, OR CHILD TO
WHOM THE CAREGIVER STOOD IN LOCO PARENTIS WHEN THE CARE RECIPIENT WAS A
MINOR CHILD;
(B) A PARENT, MEANING THE BIOLOGICAL, FOSTER, STEP- OR ADOPTIVE
PARENT, OR A LEGAL GUARDIAN OF THE CAREGIVER, OR A PERSON WHO STOOD IN
LOCO PARENTIS WHEN THE CAREGIVER WAS A MINOR CHILD;
(C) A SPOUSE OR DOMESTIC PARTNER;
(D) A CHILD OF THE CAREGIVER'S SPOUSE OR DOMESTIC PARTNER;
(E) A PARENT OF THE CAREGIVER'S SPOUSE OR DOMESTIC PARTNER;
(F) A GRANDCHILD, MEANING A CHILD OF THE CAREGIVER'S CHILD;
(G) A GRANDPARENT, MEANING A PARENT OF THE CAREGIVER'S PARENT;
(H) A SIBLING, INCLUDING HALF-SIBLINGS, STEP-SIBLINGS, FOSTER-SI-
BLINGS, AND SIBLINGS RELATED THROUGH ADOPTION; AND
(I) ANY OTHER INDIVIDUAL RELATED BY BLOOD TO THE CAREGIVER OR WHOSE
CLOSE ASSOCIATION WITH THE CAREGIVER IS THE EQUIVALENT OF A FAMILY
RELATIONSHIP.
§ 3. 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:
1. It shall be an unlawful discriminatory practice:
(a) For an employer or licensing agency, because of an individual's
age, race, creed, color, national origin, citizenship or immigration
status, sexual orientation, gender identity or expression, military
status, sex, disability, predisposing genetic characteristics, familial
status, marital status, [or] status as a victim of domestic violence, OR
STATUS AS A CAREGIVER, to refuse to hire or employ or to bar or to
discharge from employment such individual or to discriminate against
such individual in compensation or in terms, conditions or privileges of
employment.
(b) For an employment agency to discriminate against any individual
because of age, race, creed, color, national origin, citizenship or
immigration status, sexual orientation, gender identity or expression,
military status, sex, disability, predisposing genetic characteristics,
familial status, marital status, STATUS AS A CAREGIVER, or status as a
S. 5465--A 3
victim of domestic violence, in receiving, classifying, disposing or
otherwise acting upon applications for its services or in referring an
applicant or applicants to an employer or employers.
(c) For a labor organization, because of the age, race, creed, color,
national origin, citizenship or immigration status, sexual orientation,
gender identity or expression, military status, sex, disability, predis-
posing genetic characteristics, familial status, marital status, STATUS
AS A CAREGIVER, or status as a victim of domestic violence, of any indi-
vidual, to exclude or to expel from its membership such individual or to
discriminate in any way against any of its members or against any
employer or any individual employed by an employer.
(d) For any employer or employment agency to print or circulate or
cause to be printed or circulated any statement, advertisement or publi-
cation, or to use any form of application for employment or to make any
inquiry in connection with prospective employment, which expresses
directly or indirectly, any limitation, specification or discrimination
as 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, STATUS AS A CAREGIVER, or status as a
victim of domestic violence, or any intent to make any such limitation,
specification or discrimination, unless based upon a bona fide occupa-
tional qualification; provided, however, that neither this paragraph nor
any provision of this chapter or other law shall be construed to prohib-
it the department of civil service or the department of personnel of any
city containing more than one county from requesting information from
applicants for civil service examinations concerning any of the afore-
mentioned characteristics, other than sexual orientation, for the
purpose of conducting studies to identify and resolve possible problems
in recruitment and testing of members of minority groups to ensure the
fairest possible and equal opportunities for employment in the civil
service for all persons, regardless of age, race, creed, color, national
origin, citizenship or immigration status, sexual orientation or gender
identity or expression, military status, sex, disability, predisposing
genetic characteristics, familial status, [or] marital status, OR STATUS
AS A CAREGIVER.
(e) For any employer, labor organization or employment agency to
discharge, expel or otherwise discriminate against any person because
[he or she] SUCH PERSON has opposed any practices forbidden under this
article or because [he or she] SUCH PERSON has filed a complaint, testi-
fied or assisted in any proceeding under this article.
(f) Nothing in this subdivision shall affect any restrictions upon the
activities of persons licensed by the state liquor authority with
respect to persons under twenty-one years of age.
(g) For an employer to compel an employee who is pregnant to take a
leave of absence, unless the employee is prevented by such pregnancy
from performing the activities involved in the job or occupation in a
reasonable manner.
(h) For an employer, licensing agency, employment agency or labor
organization to subject any individual to harassment because of an indi-
vidual's 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, STATUS AS A CAREGIVER, status as a
victim of domestic violence, or because the individual has opposed any
practices forbidden under this article or because the individual has
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filed a complaint, testified or assisted in any proceeding under this
article, regardless of whether such harassment would be considered
severe or pervasive under precedent applied to harassment claims. Such
harassment is an unlawful discriminatory practice when it subjects an
individual to inferior terms, conditions or privileges of employment
because of the individual's membership in one or more of these protected
categories. The fact that such individual did not make a complaint
about the harassment to such employer, licensing agency, employment
agency or labor organization shall not be determinative of whether such
employer, licensing agency, employment agency or labor organization
shall be liable. Nothing in this section shall imply that an employee
must demonstrate the existence of an individual to whom the employee's
treatment must be compared. It shall be an affirmative defense to
liability under this subdivision that the harassing conduct does not
rise above the level of what a reasonable victim of discrimination with
the same protected characteristic or characteristics would consider
petty slights or trivial inconveniences.
§ 4. Section 296 of the executive law is amended by adding a new
subdivision 23 to read as follows:
23. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOY-
ER, LICENSING AGENCY, EMPLOYMENT AGENCY, OR LABOR ORGANIZATION TO REFUSE
TO PROVIDE A REASONABLE ACCOMMODATION TO AN INDIVIDUAL WHO IS KNOWN TO
BE A CAREGIVER TO ENABLE THEM TO MEET THE NEEDS OF THEIR MINOR CHILD OR
CARE RECIPIENT RELATED TO THE MINOR CHILD'S OR CARE RECIPIENT'S HEALTH,
SAFETY, EDUCATION, OR OTHER NEEDS OF DAILY LIVING.
(B) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED TO
REQUIRE PROVISION OF ACCOMMODATIONS WHICH CAN BE DEMONSTRATED TO IMPOSE
AN UNDUE HARDSHIP ON THE OPERATION OF AN EMPLOYER'S, LICENSING AGENCY'S,
EMPLOYMENT AGENCY'S, OR LABOR ORGANIZATION'S BUSINESS, PROGRAM OR ENTER-
PRISE. IN MAKING SUCH A DETERMINATION WITH REGARD TO UNDUE HARDSHIP THE
FACTS TO BE CONSIDERED INCLUDE:
(I) THE OVERALL SIZE OF THE BUSINESS, PROGRAM OR ENTERPRISE WITH
RESPECT TO THE NUMBER OF EMPLOYEES, NUMBER AND TYPE OF FACILITIES, AND
SIZE OF BUDGET;
(II) THE TYPE OF OPERATION WHICH THE BUSINESS, PROGRAM OR ENTERPRISE
IS ENGAGED IN, INCLUDING THE COMPOSITION AND STRUCTURE OF THE WORKFORCE;
AND
(III) THE NATURE AND COST OF THE ACCOMMODATION NEEDED.
§ 5. Subdivisions 2 and 3 of section 296-c of the executive law,
subdivision 2 as separately amended by chapters 202 and 748 of the laws
of 2022, paragraphs a, b and c of subdivision 2 and paragraph b of
subdivision 3 as amended by chapter 305 of the laws of 2023, and subdi-
vision 3 as added by chapter 97 of the laws of 2014, are amended to read
as follows:
2. It shall be an unlawful discriminatory practice for an employer to:
a. refuse to hire or employ or to bar or to discharge from internship
an intern or to discriminate against such intern in terms, conditions or
privileges of employment as an intern because of the intern's age, race,
creed, color, national origin, citizenship or immigration status, sexual
orientation, gender identity or expression, military status, sex, disa-
bility, predisposing genetic characteristics, marital status, [or]
status as a victim of domestic violence, OR STATUS AS A CAREGIVER;
b. discriminate against an intern in receiving, classifying, disposing
or otherwise acting upon applications for internships because of the
intern's age, race, creed, color, national origin, citizenship or immi-
gration status, sexual orientation, gender identity or expression, mili-
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tary status, sex, disability, predisposing genetic characteristics,
marital status, [or] status as a victim of domestic violence, OR STATUS
AS A CAREGIVER;
c. print or circulate or cause to be printed or circulated any state-
ment, advertisement or publication, or to use any form of application
for employment as an intern or to make any inquiry in connection with
prospective employment, which expresses directly or indirectly, any
limitation, specification or discrimination as to age, race, creed,
color, national origin, citizenship or immigration status, sexual orien-
tation, gender identity or expression, military status, sex, disability,
predisposing genetic characteristics, marital status [or], status as a
victim of domestic violence, OR STATUS AS A CAREGIVER, or any intent to
make any such limitation, specification or discrimination, unless based
upon a bona fide occupational qualification; provided, however, that
neither this paragraph nor any provision of this chapter or other law
shall be construed to prohibit the department of civil service or the
department of personnel of any city containing more than one county from
requesting information from applicants for civil service internships or
examinations concerning any of the aforementioned characteristics, other
than sexual orientation, for the purpose of conducting studies to iden-
tify and resolve possible problems in recruitment and testing of members
of minority groups to ensure the fairest possible and equal opportu-
nities for employment in the civil service for all persons, regardless
of age, race, creed, color, national origin, citizenship or immigration
status, sexual orientation, military status, sex, disability, predispos-
ing genetic characteristics, marital status [or], status as a victim of
domestic violence, OR STATUS AS A CAREGIVER;
d. to discharge, expel or otherwise discriminate against any person
because [he or she] SUCH PERSON has opposed any practices forbidden
under this article or because [he or she] SUCH PERSON has filed a
complaint, testified or assisted in any proceeding under this article;
or
e. to compel an intern who is pregnant to take a leave of absence,
unless the intern is prevented by such pregnancy from performing the
activities involved in the job or occupation in a reasonable manner.
3. It shall be an unlawful discriminatory practice for an employer to:
a. engage in unwelcome sexual advances, requests for sexual favors, or
other verbal or physical conduct of a sexual nature to an intern when:
(1) submission to such conduct is made either explicitly or implicitly
a term or condition of the intern's employment;
(2) submission to or rejection of such conduct by the intern is used
as the basis for employment decisions affecting such intern; or
(3) such conduct has the purpose or effect of unreasonably interfering
with the intern's work performance by creating an intimidating, hostile,
or offensive working environment; or
b. subject an intern to unwelcome harassment based on age, sex, race,
creed, color, sexual orientation, gender identity or expression, mili-
tary status, disability, predisposing genetic characteristics, marital
status, status as a victim of domestic violence, national origin, [or]
citizenship or immigration status, OR STATUS AS A CAREGIVER, or where
such harassment has the purpose or effect of unreasonably interfering
with the intern's work performance by creating an intimidating, hostile,
or offensive working environment.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law.