Bill Text: NY A00760 | 2021-2022 | General Assembly | Amended


Bill Title: Provides that no person shall be denied the equal protection of the laws of any government entity, nor any person or entity acting in concert with or on behalf of the government, nor any person or entity in its provision of public or private housing, public accommodations and entertainment, and public or private employment; provides no person shall, because of race, color, ethnicity, national origin, sex, including pregnancy, sexual orientation, gender identity or expression, disability, creed or religion, be subjected to any discrimination in his or her civil rights, including in the provision of public or private housing, public accommodations and entertainment, and public or private employment, by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state; makes related provisions.

Spectrum: Partisan Bill (Democrat 26-1)

Status: (Introduced - Dead) 2022-01-05 - ordered to third reading cal.47 [A00760 Detail]

Download: New_York-2021-A00760-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         760--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M. of A. SEAWRIGHT, OTIS, QUART, NIOU, GOTTFRIED, GALEF,
          L. ROSENTHAL, EPSTEIN,  GRIFFIN,  ROZIC,  NOLAN,  ABINANTI,  BARNWELL,
          DINOWITZ,  THIELE,  ASHBY,  STERN,  ANDERSON,  FAHY, BARRON, JACOBSON,
          MEEKS,  O'DONNELL,  SIMON,  MAGNARELLI,  RAJKUMAR  --  read  once  and
          referred  to  the Committee on Judiciary -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  reported  and  referred  to  the  Committee on Rules -- Rules
          Committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to the Committee on Rules

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing  an  amendment to section 11 of article 1 of the constitution,
          in relation to equal protection

     1    Section 1. Resolved (if the Senate concur), That section 11 of article
     2  1 of the constitution be amended to read as follows:
     3    § 11. a. No person shall be denied the equal protection of the laws of
     4  this state or any subdivision thereof. No  [person]  government  entity,
     5  nor  any  person  or  entity acting in concert with or on behalf of  the
     6  government,  nor any person or entity in  its  provision  of  public  or
     7  private  housing, public accommodations and entertainment, and public or
     8  private employment, shall[, because of] discriminate against any person,
     9  in either intent or effect, based on that person's race, color, ethnici-
    10  ty, national  origin,  sex,  including  pregnancy,  sexual  orientation,
    11  gender  identity  or  expression,  disability,  creed  or  religion[, be
    12  subjected to any discrimination in his or her civil rights by any  other
    13  person  or  by any firm, corporation, or institution, or by the state or
    14  any agency or subdivision of the state].
    15    b. Discrimination  with  respect  to  disability  or  pregnancy  shall
    16  include  the failure to provide reasonable accommodation to an otherwise
    17  qualified individual.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89009-05-1

        A. 760--B                           2

     1    c. No characteristic listed in subdivision a  of  this  section  shall
     2  justify discrimination based on a characteristic listed in subdivision a
     3  of this section.
     4    d. Nothing in this section shall invalidate or prevent the adoption of
     5  any  law that is designed to remedy or ameliorate past discrimination on
     6  the basis of a characteristic listed in subdivision a of this section.
     7    e. This section is intended to take effect without the  need  for  any
     8  additional  legislation. Existing laws of the state upon the adoption of
     9  this section that are not repugnant to this section shall continue to be
    10  the law of this state and new laws may expand upon  the  rights  secured
    11  herein.
    12    §  2. Resolved (if the Senate concur), That the foregoing amendment be
    13  referred to the first regular legislative session  convening  after  the
    14  next  succeeding  general  election  of members of the assembly, and, in
    15  conformity with  section  1  of  article  19  of  the  constitution,  be
    16  published for 3 months previous to the time of such election.
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