BILL NUMBER: S7034

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to enacting the
"Honoring Our Pledge to Eliminate Anti-Semitism (HOPE) act"

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires the consideration of the International Holocaust Remembrance
Alliance's (IHRA) definition of anti-Semitism by state agencies and
courts when reviewing, investigating, or deciding whether an individual
is in violation of discrimination law.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill provides the title.

Section 2 of the bill introduces a new § 79-R to the Civil Rights Law,
which defines "anti-Semitism" and "state agency." This section requires
that in the review, investigation, or adjudication of potential
              

violations of laws, rules, or policies prohibiting discriminatory acts,
state agencies and courts must consider the definition of anti-Semitism
outlined in this section.

Additionally, § 79-R applies to claims brought under Article 15 of the
Executive Law or Article 485 of the Penal Law, ensuring the definition
is used for assessing discriminatory intent. Furthermore, the section
clarifies that the definition of anti-Semitism is intended as an educa-
tional tool to enhance awareness among staff and officials, and that the
section shall not be construed to infringe upon First Amendment rights,
nor shall it be construed to conflict with existing discrimination law.

Section 3 of the bill provides the effective date

 
JUSTIFICATION:

Anti-Semitism remains a pervasive issue, manifesting as both overt and
subtle discrimination against Jewish individuals and communities.
Despite progress in civil rights enforcement and avowed commitments to
tackle this hateful ideology, the absence of a clear definition of anti-
Semitism in the law hampers efforts to identify, address, and prevent
such discrimination. This ambiguity allows discriminatory actions to go
unchecked and fosters an environment of intolerance.

In 2016, the International Holocaust Remembrance Alliance (IHRA),
composed of delegates appointed by the national governments of thirty-
five member countries which together represent over ninety-seven percent
of the world's Jewish population, adopted a definition of anti-Semitism
with examples (the IHRA definition) as an essential tool used to deter-
mine contemporary manifestations of anti-Semitism; in particular, wheth-
er alleged discriminatory conduct is animated by anti-Semitic intent.

The IHRA definition is used by various agencies of the United States
government and by over thirty governments around the world; recommended
for use by the European Council and the European Parliament; endorsed by
the Secretary-General of the United Nations and the Secretary General of
the Organization of American States; included in policy guides prepared
by the Organization for Security and Cooperation in Europe; and has been
formally adopted by a growing number of states, cities, universities,
and civil society organizations.

The IHRA definition states: "Antisemitism is a certain perception of
Jews, which may be expressed as hatred toward Jews. Rhetorical and phys-
ical manifestations of antisemitism are directed toward Jewish or non-
Jewish individuals and/or their property, toward Jewish community insti-
tutions and religious facilities."  IHRA sets forth examples of
anti-Semitism in several categories, including:

- Demonization, for instance by calling for, aiding, or justifying the
killing of Jews; using symbols associated with classic anti- Semitism
like blood libels to characterize Jews, Israel, or Israelis; engaging in
classic stereotypes about Jewish power and/or control;

- Delegitimizing the state of Israel and in doing so denying the Jewish
people their equal right to self- determination;

- Imposing double standards to condemn behavior by Jews or Israelis that
is not condemned in others;

- Holocaust denial, such as accusing Jews or Israel of inventing or
exaggerating the Holocaust;

- Accusations of dual loyalty, such as accusing Jewish citizens of being
more loyal to Israel, or to the alleged priorities of Jews worldwide,
than to the interests of their own nations; and

- Holding Jews collectively responsible for the behavior of other Jews,
Israel, or even non- Jews.  The IHRA definition is equally clear that
"criticism of Israel similar to that leveled against any other country
cannot be regarded as antisemitic."

This internationally recognized definition provides a comprehensive
framework, encompassing both traditional and contemporary forms of anti-
Semitism. Use of the IHRA definition to assist in determining whether
alleged discriminatory conduct is motivated by anti-Semitic intent is
essential to effectively combating anti-Semitism and enforcing the Human
Rights Law. By adopting this definition, agencies and courts will be
empowered to better recognize and respond to anti-Semitic acts, ensuring
robust protection for affected individuals.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.