STATE OF NEW YORK ________________________________________________________________________ 4204 2019-2020 Regular Sessions IN ASSEMBLY February 1, 2019 ___________ Introduced by M. of A. WEPRIN, CAHILL, PAULIN, RAMOS, M. G. MILLER, QUART, AUBRY, SEAWRIGHT, BARRON, VANEL, HEVESI -- Multi-Sponsored by -- M. of A. ABBATE, BRAUNSTEIN, COLTON, COOK, DAVILA, LAVINE, MOSLEY, ORTIZ, PERRY, RIVERA, SOLAGES -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the executive law, in relation to prohibiting discrimi- nation against religious attire The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 10 of section 296 of the exec- 2 utive law, as amended by chapter 539 of the laws of 2002, is amended to 3 read as follows: 4 (a) It shall be an unlawful discriminatory practice for any employer, 5 or an employee or agent thereof, to impose upon a person as a condition 6 of obtaining or retaining employment, including opportunities for 7 promotion, advancement or transfers, any terms or conditions that would 8 require such person to violate or forego a sincerely held practice of 9 his or her religion, including but not limited to the observance of any 10 particular day or days or any portion thereof as a sabbath or other holy 11 day in accordance with the requirements of his or her religion or the 12 wearing of any attire, clothing, or facial hair in accordance with the 13 requirements of his or her religion, unless, after engaging in a bona 14 fide effort, the employer demonstrates that it is unable to reasonably 15 accommodate the employee's or prospective employee's sincerely held 16 religious observance or practice without undue hardship on the conduct 17 of the employer's business. Notwithstanding any other provision of law 18 to the contrary, an employee shall not be entitled to premium wages or 19 premium benefits for work performed during hours to which such premium 20 wages or premium benefits would ordinarily be applicable, if the employ- 21 ee is working during such hours only as an accommodation to his or her 22 sincerely held religious requirements. Nothing in this paragraph or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07506-01-9A. 4204 2 1 paragraph (b) of this subdivision shall alter or abridge the rights 2 granted to an employee concerning the payment of wages or privileges of 3 seniority accruing to that employee. 4 § 2. This act shall take effect on the sixtieth day after it shall 5 have become a law.