NY State Senate Bill 2023-S7720

Current Bill Status - In Senate Committee Labor 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 03, 2024	referred to labor
Oct 20, 2023	referred to rules

2023-S7720 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §201-j, Lab L

2023-S7720 (ACTIVE) - Summary

Directs the department of labor, in consultation with the division of human rights and the department of health to produce a model training program on neurodiversity awareness.

2023-S7720 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7720

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the labor law, in relation to establishing a model
neurodiversity awareness training program

 
PURPOSE:

Relates to establishing a model neurodiversity awareness training
program.   
SUMMARY OF PROVISIONS:

Section 1 amends the labor law by adding a new section 201-i to create a
model neurodiversity awareness training program.

Section 2 states the effective date.

 
JUSTIFICATION:

Neurodiversity, or neurodivergence, are umbrella terms used to describe

conditions such as attention deficit hyperactivity disorder (ADHD) and
autism spectrum disorder (ASD).1 Although neurodiverse individuals often
possess strengths that can improve productivity and work performance,
these individuals can often experience challenges in work settings.2

Creating a model neurodiversity awareness training program to be used in
the workplace will educate employees on how they can best support their
neurodiverse coworkers, fostering a more inclusive environment.
Furthermore, it will grant neurodiverse individuals awareness of accom-
modations that can be made for them and the rights that are granted to
them by law. This legislation will bring New York closer to ensuring
equal treatment and opportunity for neurodiverse people in the work-
place.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To Be Determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the department of labor,
in consultation with the division of human rights and the department of
health, is authorized to create the model neurodiversity awareness
training program pursuant to section 201-i of the labor law, as added by
section one of this act.
1 https://dceg.cancergov/about/diversity-inclusion/
inclusivity-minute/2022/neurodiversity
2 https://www.health.harvard.edu/blog/
what-is-neurodiversity-202111232645

2023-S7720 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7720
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 20, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the labor law,  in  relation  to  establishing  a  model
   neurodiversity awareness training program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  201-j  to
 read as follows:
   § 201-J. NEURODIVERSITY AWARENESS TRAINING. 1. A. THE DEPARTMENT SHALL
 CONSULT  WITH  THE DIVISION OF HUMAN RIGHTS AND THE DEPARTMENT OF HEALTH
 TO PRODUCE A MODEL TRAINING PROGRAM ON NEURODIVERSITY AWARENESS.
   B. SUCH MODEL  NEURODIVERSITY  AWARENESS  TRAINING  PROGRAM  SHALL  BE
 INTERACTIVE AND INCLUDE:
   (I) A DEFINITION, EXPLANATION, AND EXAMPLES OF NEURODIVERSITY CONSIST-
 ENT  WITH  GUIDANCE  ISSUED  BY  THE DEPARTMENT IN CONSULTATION WITH THE
 DIVISION OF HUMAN RIGHTS AND THE DEPARTMENT OF HEALTH;
   (II) EXAMPLES OF CONDUCT DESIGNED TO HELP PARTICIPANTS UNDERSTAND  AND
 APPRECIATE  THE DIFFERENCES IN COGNITIVE PROCESSING AND NEURODEVELOPMEN-
 TAL CONDITIONS OF NEURODIVERSE INDIVIDUALS;
   (III) INFORMATION CONCERNING BEST  PRACTICES  TO  AVOID  INEQUITY  AND
 FOSTER A SAFE, SUPPORTIVE WORKPLACE FOR NEURODIVERSE INDIVIDUALS;
   (IV)  INFORMATION REGARDING THE IMPACT IGNORANCE OF NEURODIVERSITY MAY
 HAVE ON INDIVIDUALS ACROSS THE STATE;
   (V) INFORMATION CONCERNING EMPLOYEES' RIGHTS OF REDRESS AND ALL AVAIL-
 ABLE FORUMS FOR ADJUDICATING COMPLAINTS; AND
   (VI) ANY OTHER INFORMATION  THE  DEPARTMENT,  THE  DIVISION  OF  HUMAN
 RIGHTS  AND  THE DEPARTMENT OF HEALTH DEEMS RELEVANT AND APPROPRIATE FOR
 SUCH A COURSE.
   C. THE MODEL TRAINING PROGRAM CREATED PURSUANT TO  THIS  SECTION,  AND
 ANY  EQUIVALENT  PROGRAM SHALL BE REVIEWED AND REAPPROVED BY THE DEPART-
 MENT AND THE DIVISION OF HUMAN RIGHTS ON A BIENNIAL BASIS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13104-02-3

 S. 7720                             2
 
   2. THE COMMISSIONER SHALL PREPARE TEMPLATES OF THE MODEL NEURODIVERSI-
 TY AWARENESS TRAINING PROGRAM CREATED PURSUANT  TO  SUBDIVISION  ONE  OF
 THIS   SECTION.   THE  COMMISSIONER  SHALL  DETERMINE,  IN  HIS  OR  HER
 DISCRETION, WHICH LANGUAGES TO PROVIDE IN ADDITION TO ENGLISH, BASED  ON
 THE  SIZE OF THE NEW YORK STATE POPULATION THAT SPEAKS EACH LANGUAGE AND
 ANY OTHER FACTOR THAT THE COMMISSIONER SHALL  DEEM  RELEVANT.  ALL  SUCH
 TEMPLATES  SHALL  BE  MADE  AVAILABLE  TO EMPLOYERS IN THE STATE UPON AN
 EMPLOYER'S REQUEST.
   3. EVERY EMPLOYER SHALL UTILIZE THE MODEL TRAINING PROGRAM ON NEURODI-
 VERSITY AWARENESS PURSUANT TO  THIS  SECTION  OR  ESTABLISH  A  TRAINING
 PROGRAM FOR EMPLOYEES TO PROVIDE NEURODIVERSITY AWARENESS THAT EQUALS OR
 EXCEEDS  THE  MINIMUM  STANDARDS  PROVIDED  BY SUCH MODEL TRAINING. SUCH
 NEURODIVERSITY AWARENESS TRAINING SHALL BE PROVIDED TO ALL EMPLOYEES  ON
 AN ANNUAL BASIS.
   4.  THE  DEPARTMENT  MAY PROMULGATE ANY RULES OR REGULATIONS NECESSARY
 FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF THIS SECTION.
   5. AS USED IN THIS SECTION, THE TERM "NEURODIVERSITY" MEANS THE  RANGE
 OF  DIFFERENCES  IN  INDIVIDUAL  BRAIN  FUNCTION  AND BEHAVIORAL TRAITS,
 REGARDED AS PART OF NORMAL VARIATION IN THE HUMAN POPULATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective  immediately,  the  department  of
 labor, in consultation with the division of human rights and the depart-
 ment  of health, is authorized to create the model neurodiversity aware-
 ness training program pursuant to section 201-j of  the  labor  law,  as
 added by section one of this act.

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Senate Bill S7720

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

2023-S7720 (ACTIVE) - Details

2023-S7720 (ACTIVE) - Summary

2023-S7720 (ACTIVE) - Sponsor Memo

2023-S7720 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7720

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Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Labor Committee

2023-S7720 (ACTIVE) - Details

2023-S7720 (ACTIVE) - Summary

2023-S7720 (ACTIVE) - Sponsor Memo

2023-S7720 (ACTIVE) - Bill Text download pdf

Comments