STATE OF NEW YORK
________________________________________________________________________
517--B
2019-2020 Regular Sessions
IN SENATE
(Prefiled)
January 9, 2019
___________
Introduced by Sens. KRUEGER, BAILEY, BENJAMIN, BIAGGI, BRESLIN, CARLUC-
CI, COMRIE, HOYLMAN, JACKSON, KAPLAN, LIU, MAY, MAYER, METZGER, PARK-
ER, PERSAUD, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY -- read
twice and ordered printed, and when printed to be committed to the
Committee on Judiciary -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to section 11 of article 1 of the constitution, in
relation to equality of rights and protection against discrimination
1 Section 1. Resolved (if the Assembly concur), That section 11 of arti-
2 cle 1 of the constitution be amended to read as follows:
3 § 11. (a) No person shall be denied the equal protection of the laws
4 of this state or any subdivision thereof. No person shall, because of
5 race, color, ethnicity, national origin, age, disability, creed [or],
6 religion, or sex including pregnancy, sexual orientation, gender identi-
7 ty or expression, be subjected to any discrimination in or to any denial
8 or abridgment of his or her equal civil rights by any other person or by
9 any firm, corporation, or institution, or by the state or any agency or
10 subdivision of the state. The words "civil rights" mean any right that
11 impacts the equal opportunity of all the people of New York to enjoy a
12 full and productive life.
13 (b) This section shall not be construed to:
14 (1) preclude bona fide qualifications for a job, position, benefit or
15 service in a particular capacity if authorized by law with respect to
16 disability or age; or
17 (2) preclude reasonable accommodation with respect to disability or
18 pregnancy; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89010-06-9
S. 517--B 2
1 (3) preclude a private educational institution that has a policy of
2 educating students of one sex or religion from limiting enrollment to
3 that sex or religion if so authorized by law; or
4 (4) modify the requirements of section three of this article; or
5 (5) invalidate or prevent the adoption of any law, regulation, program
6 or activity that has as its purpose the amelioration of conditions of
7 historically disadvantaged individuals or communities.
8 (c) (1) Nothing in this section shall be interpreted as prohibiting
9 legislative action which must be taken to establish or maintain eligi-
10 bility for any federal program, where ineligibility would result in a
11 loss of federal funds to the state.
12 (2) If any part of this section, or any action taken to enforce this
13 section, be finally declared invalid under federal law or the United
14 States Constitution, the section shall be implemented to the maximum
15 extent that federal law and the United States Constitution permit. Any
16 provision held invalid shall be severable from the remaining portions of
17 this section.
18 § 2. Resolved (if the Assembly concur), That the foregoing amendment
19 be referred to the first regular legislative session convening after the
20 next succeeding general election of members of the assembly, and, in
21 conformity with section 1 of article 19 of the constitution, be
22 published for three months previous to the time of such election.