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.