Bill Text: NY A06170 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits discrimination against religious attire and appurtenances thereto, including facial hair.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Introduced - Dead) 2012-06-07 - print number 6170a [A06170 Detail]

Download: New_York-2011-A06170-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6170
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 8, 2011
                                      ___________
       Introduced by M. of A. WEPRIN -- read once and referred to the Committee
         on Governmental Operations
       AN  ACT  to  amend the civil rights law, the executive law and the labor
         law, in  relation  to  prohibiting  discrimination  against  religious
         attire
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 40-c of the civil rights law is amended by adding a
    2  new subdivision 3 to read as follows:
    3    3. NO PERSON SHALL, ON ACCOUNT OF BEING ATTIRED IN  RELIGIOUSLY  MOTI-
    4  VATED  OR MANDATED GARB OR APPURTENANCES THERETO, INCLUDING FACIAL HAIR,
    5  PROVIDED THAT SUCH ATTIRE DOES NOT POSE  A  DANGER  OR  HAZARD  TO  SUCH
    6  PERSON  OR  OTHER  PERSONS  AND  PROVIDED,  FURTHER, THAT IN THE CASE OF
    7  PUBLIC SAFETY OFFICIALS, THE PROHIBITION AGAINST ANY  SUCH  ATTIRE  THAT
    8  COVERS  THE FACE SHALL NOT CONSTITUTE DISCRIMINATION UNDER THIS SECTION,
    9  BE SUBJECTED TO ANY DISCRIMINATION IN HIS OR HER CIVIL RIGHTS, OR TO ANY
   10  HARASSMENT, AS DEFINED IN SECTION 240.25 OF THE PENAL LAW, IN THE  EXER-
   11  CISE  THEREOF, BY ANY OTHER PERSON OR BY ANY FIRM, CORPORATION OR INSTI-
   12  TUTION, OR BY THE STATE OR ANY AGENCY OR SUBDIVISION OF THE STATE.
   13    S 2. Subdivision 1 of section 296 of the executive law is  amended  by
   14  adding a new paragraph (h) to read as follows:
   15    (H)  FOR  ANY  EMPLOYER,  LABOR  ORGANIZATION  OR EMPLOYMENT AGENCY TO
   16  DISCHARGE, EXPEL OR OTHERWISE DISCRIMINATE AGAINST ANY PERSON ATTIRED IN
   17  RELIGIOUSLY MOTIVATED OR MANDATED GARB OR APPURTENANCES THERETO, INCLUD-
   18  ING FACIAL HAIR; PROVIDED THAT SUCH ATTIRE DOES NOT  POSE  A  DANGER  OR
   19  HAZARD  TO  SUCH  PERSON OR OTHER PERSONS AND PROVIDED, FURTHER, THAT IN
   20  THE CASE OF PUBLIC SAFETY OFFICIALS, THE PROHIBITION  AGAINST  ANY  SUCH
   21  ATTIRE  THAT  COVERS  THE FACE SHALL NOT CONSTITUTE DISCRIMINATION UNDER
   22  THIS SECTION.
   23    S 3. Subdivision 2-a of section 296 of the executive law is amended by
   24  adding a new paragraph (b-1) to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08867-03-1
       A. 6170                             2
    1    (B-1) TO DISCRIMINATE AGAINST ANY PERSON ATTIRED IN RELIGIOUS GARB  OR
    2  CLOTHING,  AS SUCH TERM IS DESCRIBED IN PARAGRAPH (H) OF SUBDIVISION ONE
    3  OF THIS SECTION;
    4    S  4.  Subdivisions (c), (d) and (e) of section 220-e of the labor law
    5  are relettered subdivisions (d), (e) and (f) and a new  subdivision  (c)
    6  is added to read as follows:
    7    (C)  THAT  NO  CONTRACTOR, SUBCONTRACTOR, NOR ANY PERSON ON HIS BEHALF
    8  SHALL, IN ANY MANNER, DISCRIMINATE AGAINST OR  INTIMIDATE  ANY  EMPLOYEE
    9  HIRED  FOR THE PERFORMANCE OF WORK UNDER THIS CONTRACT FOR BEING ATTIRED
   10  IN RELIGIOUSLY MOTIVATED OR  MANDATED  GARB  OR  APPURTENANCES  THERETO,
   11  INCLUDING  FACIAL HAIR, PROVIDED THAT SUCH ATTIRE DOES NOT POSE A DANGER
   12  OR HAZARD TO SUCH PERSON OR OTHER PERSONS AND PROVIDED, FURTHER, THAT IN
   13  THE CASE OF PUBLIC SAFETY OFFICIALS, THE PROHIBITION  AGAINST  ANY  SUCH
   14  ATTIRE  THAT  COVERS  THE FACE SHALL NOT CONSTITUTE DISCRIMINATION UNDER
   15  THIS SECTION;
   16    S 5. Subdivisions 3 and 4 of section 239 of the labor law  are  renum-
   17  bered  subdivisions  4 and 5 and a new subdivision 3 is added to read as
   18  follows:
   19    (3) THAT NO CONTRACTOR, SUBCONTRACTOR, NOR ANY PERSON  ON  HIS  BEHALF
   20  SHALL,  IN  ANY  MANNER, DISCRIMINATE AGAINST OR INTIMIDATE ANY EMPLOYEE
   21  HIRED FOR THE PERFORMANCE OF WORK UNDER THIS CONTRACT FOR BEING  ATTIRED
   22  IN  RELIGIOUSLY  MOTIVATED  OR  MANDATED  GARB OR APPURTENANCES THERETO,
   23  INCLUDING FACIAL HAIR, PROVIDED THAT SUCH ATTIRE DOES NOT POSE A  DANGER
   24  OR HAZARD TO SUCH PERSON OR OTHER PERSONS AND PROVIDED, FURTHER, THAT IN
   25  THE  CASE  OF  PUBLIC SAFETY OFFICIALS, THE PROHIBITION AGAINST ANY SUCH
   26  ATTIRE THAT COVERS THE FACE SHALL NOT  CONSTITUTE  DISCRIMINATION  UNDER
   27  THIS SECTION;
   28    S 6. This act shall take effect immediately.