NY State Senate Bill 2023-S8888

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2024	referred to investigations and government operations

2023-S8888 (ACTIVE) - Details

See Assembly Version of this Bill:: A10002
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L

2023-S8888 (ACTIVE) - Summary

Relates to prohibiting retaliation against individuals who request a reasonable accommodation.

2023-S8888 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8888

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting retali-
ation against individuals who request a reasonable accommodation

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify that our state's Human Rights law, which contains guarantees
of reasonable accommodations, also protects individuals who request such
accommodations from retaliation

 
SUMMARY OF PROVISIONS:

Section one of this bill names it the Reasonable Accommodation Anti-Re-
taliation Act.

Section two declares legislative intent.

Section three amends subdivision 7 of section 296 of the Executive Law

to provide that it shall be an unlawful discriminatory practice to
retaliate against an individual for requesting a reasonable accommo-
dation.

Section four sets the effective date.

 
JUSTIFICATION:

The New York State Human Rights Law, contained in Article 15 of the
Executive Law, provides a number of important protections for New York-
ers, such as a bar against discrimination based on a protected class
status or for complaining of discrimination or assisting in a related
investigation.Victims of illegal discrimination have several forms of
recourse, including the ability to file a complaint within the Division
of Human Rights (DHR) or a civil action in state court within three
years.

The Human Rights Law also requires reasonable accommodations in sites
such as the workplace, housing, and in certain public settings such as
health clinics, hospitals, restaurants, government buildings, retail
stores, and more. In such places it is a violation under the Human
Rights Law to deny a request for an accommodation based on disability
(Executive Law § 296(3)(c), (2-a)(d), (14),(18)), pregnancy-related
condition (Executive Law § 296(3)(a)), religious observances (Executive
Law § 296(10)), or domestic violence victim status (Executive Law §
296(22)(c)(1)). While it naturally follows that it must also be unlawful
to retaliate against an individual who requests an accommodation, this
protection is not explicitly stated in our state's Human Rights Law
despite being an important element of both federal and New York City
anti-discrimination laws (42 USC § 12203(b); 42 USC § 2000gg-1; NYCAC §
8-107(7)). This has created a perverse situation in which, for example,
an employee must be granted an accommodation in the workplace, but an
employer claims they can legally be fired for asking for it in the first
place.

This bill closes this loophole in our state's Human Rights Law by clari-
fying that its anti-retaliation provisions extend to individuals
requesting reasonable accommodations in addition to those who complain
of discriminatory practices. It aligns our state Human Rights Law with
its federal and city counterparts while better achieving the original
intent of the legislature to ensure that all individuals making requests
for accommodations at the job site, in housing, or in places of public
accommodation are protected against retaliation from making such
requests.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately and apply to all actions filed on
or after the effective date.

2023-S8888 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8888
 
                             I N  S E N A T E
 
                              March 25, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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, in relation to prohibiting retali-
   ation against individuals who request a reasonable accommodation
 
   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 "reasonable accommodation anti-retaliation act".
   § 2. Legislative findings. The legislature  finds  and  declares  that
 reasonable accommodations are an essential feature of the anti-discrimi-
 nation  provisions  of  the executive law, including but not limited to,
 subdivisions 2, 2-a, 3, 10, 14, 18, and 22 of section 296 of the  execu-
 tive law.
   The legislature further finds and declares that explicit anti-retalia-
 tion  protections for accommodation requests will help ensure that indi-
 viduals maintain full access to the rights,  protections,  and  remedies
 available under the anti-discrimination provisions of the executive law.
   The  amendments  in  this  act are declarative of and clarify existing
 law.  This act shall not be construed to mean  that  the  executive  law
 does not already prohibit retaliation for requesting a reasonable accom-
 modation.
   §  3. Subdivision 7 of section 296 of the executive law, as amended by
 chapter 140 of the laws of 2022, is amended to read as follows:
   7. It shall be an unlawful  discriminatory  practice  for  any  person
 engaged  in  any  activity to which this section applies to retaliate or
 discriminate against any person because [he or she] SUCH PERSON has  (I)
 opposed any practices forbidden under this article [or because he or she
 has],  (II)  filed a complaint, testified, or assisted in any proceeding
 under this article, OR (III) REQUESTED A REASONABLE ACCOMMODATION  UNDER
 THIS  ARTICLE.  Retaliation may include, but is not limited to, disclos-
 ing an employee's personnel files because [he or she] SUCH EMPLOYEE  has
 (I) opposed any practices forbidden under this article [or because he or
 she has], (II) filed a complaint, testified, or assisted in any proceed-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14536-01-4
 S. 8888                             2
 
 ing  under  this  article, OR (III) REQUESTED A REASONABLE ACCOMMODATION
 UNDER THIS ARTICLE, except where such disclosure is made in  the  course
 of  commencing or responding to a complaint in any proceeding under this
 article  or  any  other  civil  or  criminal action or other judicial or
 administrative proceeding as permitted by applicable law.
   § 4. This act shall take effect immediately and  shall  apply  to  all
 actions filed on or after the effective date.

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Senate Bill S8888

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

2023-S8888 (ACTIVE) - Details

2023-S8888 (ACTIVE) - Summary

2023-S8888 (ACTIVE) - Sponsor Memo

2023-S8888 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8888

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Sponsored By

Andrew Gounardes

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

2023-S8888 (ACTIVE) - Details

2023-S8888 (ACTIVE) - Summary

2023-S8888 (ACTIVE) - Sponsor Memo

2023-S8888 (ACTIVE) - Bill Text download pdf

Comments