Senate Bill S5465

2023-2024 Legislative Session

Prohibits employers from discriminating against individuals based on such individual's status as a caregiver

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Sponsored By

Current Bill Status - In Senate Committee Rules 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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Bill Amendments

co-Sponsors

2023-S5465 - Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §§292 & 296, Exec L
Versions Introduced in 2021-2022 Legislative Session:
S5063

2023-S5465 - Summary

Prohibits employers from discriminating against individuals based on such individual's status as a caregiver.

2023-S5465 - Sponsor Memo

2023-S5465 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5465
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sens.  JACKSON, FERNANDEZ, MAY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government Operations
 
 AN ACT to amend the executive law, in relation to prohibiting  employers
   from  discriminating  against  individuals  based on such individual's
   status as a caregiver

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 42 to read as follows:
   42.  THE  TERM  "CAREGIVER"  SHALL  INCLUDE THE FAMILY MEMBER OR OTHER
 NATURAL PERSON WHO NORMALLY PROVIDES THE DAILY CARE OR SUPERVISION OF  A
 CARE  RECIPIENT,  OR  ANY  FAMILY  MEMBER  OR  OTHER  NATURAL PERSON WHO
 CONTRIBUTES TO AND IS INVOLVED IN THE  CARETAKING  RESPONSIBILITIES  FOR
 SUCH  CARE  RECIPIENT.  SUCH  CAREGIVER MAY, BUT NEED NOT, RESIDE IN THE
 SAME HOUSEHOLD AS THE CARE RECIPIENT. "CARE RECIPIENT"  SHALL  MEAN  ANY
 PERSON  WHO  IS  UNABLE  TO ATTEND TO HIS OR HER DAILY NEEDS WITHOUT THE
 ASSISTANCE OR REGULAR SUPERVISION OF A CAREGIVER DUE TO MENTAL OR  PHYS-
 ICAL  IMPAIRMENT.  SUCH  DEFINITION SHALL INCLUDE PERSONS UNDER EIGHTEEN
 YEARS OF AGE WHO SUFFER FROM MENTAL OR PHYSICAL IMPAIRMENT.  SUCH  DEFI-
 NITION  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.
   §  2.  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07398-01-3
              

co-Sponsors

2023-S5465A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §§292 & 296, Exec L
Versions Introduced in 2021-2022 Legislative Session:
S5063

2023-S5465A (ACTIVE) - Summary

Prohibits employers from discriminating against individuals based on such individual's status as a caregiver.

2023-S5465A (ACTIVE) - Sponsor Memo

2023-S5465A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5465--A
     Cal. No. 766
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sens.  JACKSON, FERNANDEZ, MAY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government Operations -- recommitted to the  Committee  on
   Investigations  and  Government  Operations  in accordance with Senate
   Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
   first  and  second  report,  ordered  to  a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the executive law, in relation to prohibiting  employers
   from  discriminating  against  individuals  based on such individual's
   status as a caregiver
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  21-e of section 292 of the executive law, as
 amended by chapter 369 of the laws  of  2015,  is  amended  to  read  as
 follows:
   21-e.  The  term  "reasonable accommodation" means actions taken which
 permit an employee, prospective employee or member with a disability, or
 a pregnancy-related condition, OR WHO IS A CAREGIVER, to  perform  in  a
 reasonable  manner  the  activities  involved  in  the job or occupation
 sought or held and include, but are not  limited  to,  provision  of  an
 accessible  worksite,  acquisition or modification of equipment, support
 services for persons with impaired hearing or vision,  MODIFICATIONS  TO
 EXISTING  FACILITIES TO MAKE THEM MORE ACCESSIBLE, MODIFICATION OR RELO-
 CATION OF A WORKSTATION, MODIFICATIONS TO WORKPLACE  POLICIES  REGARDING
 FOOD  AND  DRINK,  MODIFICATIONS  TO  A UNIFORM OR DRESS CODE, TEMPORARY
 TRANSFER TO A LESS PHYSICALLY DEMANDING OR HAZARDOUS  POSITION,  ASSIST-
 ANCE  WITH  LIFTING  OR  OTHER MANUAL LABOR, ADDITIONAL OR MORE FLEXIBLE
 BREAK TIME, job restructuring [and], modified OR PART-TIME  work  sched-
 ules,  ALTERNATIVE  WORKING ARRANGEMENTS SUCH AS PART-YEAR EMPLOYMENT OR
 JOB SHARING, FLEXIBLE SCHEDULING OR  VARIABLE  HOURS,  ALTERNATIVE  WORK
 LOCATIONS  OR REASSIGNMENT TO ANOTHER LOCATION, REMOTE WORK OR TELEWORK,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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