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.