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


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-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6170--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 8, 2011
                                      ___________
       Introduced  by  M.  of  A.  WEPRIN,  P. RIVERA, REILLY, ORTIZ, ROBINSON,
         M. MILLER, ROBERTS, SCARBOROUGH, BARRON, STEVENSON, COLTON, LAVINE  --
         Multi-Sponsored  by  --  M.  of  A.  ABBATE,  BRENNAN, GIBSON, HIKIND,
         JEFFRIES, SALADINO, WEISENBERG  --  read  once  and  referred  to  the
         Committee  on  Governmental Operations -- recommitted to the Committee
         on Governmental Operations in accordance with Assembly Rule 3, sec.  2
         --  committee  discharged,  bill amended, ordered reprinted as amended
         and recommitted to said committee
       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.  A. NO EMPLOYEE WHO IS EMPLOYED AT A STATE OR MUNICIPAL AGENCY IN A
    4  POSITION  THAT CUSTOMARILY WEARS A UNIFORM SHALL BE REQUIRED TO WEAR ANY
    5  PORTION OF THE UNIFORM THAT CONFLICTS WITH SUCH  EMPLOYEE'S  RELIGIOUSLY
    6  MOTIVATED OR MANDATED GARB OR APPURTENANCES THERETO.
    7    B. NO EMPLOYEE WHO IS EMPLOYED BY A STATE OR MUNICIPAL AGENCY SHALL BE
    8  REQUIRED  TO  REMOVE  ANY  FACIAL  HAIR THAT IS WORN BY SUCH EMPLOYEE IN
    9  ADHERENCE TO THE EMPLOYEE'S RELIGIOUS TENETS.
   10    C. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY  INSTANCE
   11  IN  WHICH  THE FAILURE TO WEAR THE APPROVED UNIFORM OR REMOVE THE EXCESS
   12  FACIAL HAIR COULD RESULT IN DANGER TO THE EMPLOYEE OR TO THE PUBLIC.
   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  EMPLOYEE  FOR
   17  FAILURE  TO  WEAR  A  REQUIRED  UNIFORM WHEN SUCH EMPLOYEE IS ATTIRED IN
   18  RELIGIOUSLY MOTIVATED OR MANDATED GARB OR APPURTENANCES THERETO, INCLUD-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08867-05-2
       A. 6170--A                          2
    1  ING FACIAL HAIR; PROVIDED THAT SUCH ATTIRE DOES NOT  POSE  A  DANGER  OR
    2  HAZARD TO SUCH EMPLOYEE OR THE PUBLIC.
    3    S 3. Subdivision 2-a of section 296 of the executive law is amended by
    4  adding a new paragraph (b-1) to read as follows:
    5    (B-1)  TO DISCRIMINATE AGAINST ANY PERSON ATTIRED IN RELIGIOUS GARB OR
    6  CLOTHING, AS SUCH TERM IS DESCRIBED IN PARAGRAPH (H) OF SUBDIVISION  ONE
    7  OF THIS SECTION;
    8    S  4.  Subdivisions (c), (d) and (e) of section 220-e of the labor law
    9  are relettered subdivisions (d), (e) and (f) and a new  subdivision  (c)
   10  is added to read as follows:
   11    (C)  THAT  NO  CONTRACTOR, SUBCONTRACTOR, NOR ANY PERSON ON HIS BEHALF
   12  SHALL, IN ANY MANNER, DISCRIMINATE AGAINST OR  INTIMIDATE  ANY  EMPLOYEE
   13  HIRED  FOR THE PERFORMANCE OF WORK UNDER THIS CONTRACT FOR BEING ATTIRED
   14  IN RELIGIOUSLY MOTIVATED OR  MANDATED  GARB  OR  APPURTENANCES  THERETO,
   15  INCLUDING  FACIAL HAIR, PROVIDED THAT SUCH ATTIRE DOES NOT POSE A DANGER
   16  OR HAZARD TO SUCH EMPLOYEE OR THE PUBLIC.
   17    S 5. Subdivisions 3 and 4 of section 239 of the labor law  are  renum-
   18  bered  subdivisions  4 and 5 and a new subdivision 3 is added to read as
   19  follows:
   20    (3) THAT NO CONTRACTOR, SUBCONTRACTOR, NOR ANY PERSON  ON  HIS  BEHALF
   21  SHALL,  IN  ANY  MANNER, DISCRIMINATE AGAINST OR INTIMIDATE ANY EMPLOYEE
   22  HIRED FOR THE PERFORMANCE OF WORK UNDER THIS CONTRACT FOR BEING  ATTIRED
   23  IN  RELIGIOUSLY  MOTIVATED  OR  MANDATED  GARB OR APPURTENANCES THERETO,
   24  INCLUDING FACIAL HAIR, PROVIDED THAT SUCH ATTIRE DOES NOT POSE A  DANGER
   25  OR HAZARD TO SUCH EMPLOYEE OR THE PUBLIC;
   26    S 6. This act shall take effect immediately.
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