Bill Text: NY S01268 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to equality of rights and protection against discrimination.

Spectrum: Partisan Bill (Democrat 31-0)

Status: (Introduced - Dead) 2022-04-18 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01268 Detail]

Download: New_York-2021-S01268-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1268

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 8, 2021
                                       ___________

        Introduced  by Sens. KRUEGER, BAILEY, BENJAMIN, BIAGGI, BRESLIN, COMRIE,
          HARCKHAM, HOYLMAN, JACKSON, KAPLAN, LIU, MAY, MAYER, PARKER,  PERSAUD,
          SALAZAR,  SANDERS,  SEPULVEDA,  SERRANO,  STAVISKY  --  read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Judiciary

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing  an amendment to article 1 of the constitution, in relation to
          equality of rights and protection against discrimination

     1    Section 1. Resolved (if the Assembly concur), That article  1  of  the
     2  constitution be amended by adding a new section 19 to read as follows:
     3    §  19.  (a)  No  person shall be denied equal rights under the laws of
     4  this state or any subdivision  thereof  based  on  that  person's  race,
     5  color, ethnicity, national origin, disability, or sex including pregnan-
     6  cy  and  pregnancy  outcomes,  sexual  orientation, gender identity, and
     7  gender expression.
     8    (b) No government entity, nor any entity acting in concert with or  on
     9  behalf  of  the  government,  nor  any entity in its provision of public
    10  accommodations, employment, or personnel  practices  shall  discriminate
    11  against  any  person  in either intent or effect based on the character-
    12  istics listed in subdivision (a) of this section.
    13    (c) No government entity, nor any entity acting in concert with or  on
    14  behalf  of  the  government,  nor  any entity in the provision of public
    15  accommodations, employment, or personnel  practices  shall  discriminate
    16  against any person based on that person's religion. In interpreting this
    17  section,  the  courts  shall  analyze claims of religious discrimination
    18  under the same analysis and standards applied to  claims  under  section
    19  three of this article.
    20    (d)  Nothing  in this section shall invalidate or prevent the adoption
    21  of any law, regulation, program, or practice that is designed to  remedy
    22  or ameliorate demonstrated past discrimination on the basis of a charac-
    23  teristic listed in this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89009-01-1
        S. 1268                             2

     1    (e)  This  section shall be self-executing. The legislature may expand
     2  upon the entitlement to equal rights  and  freedom  from  discrimination
     3  hereby secured.
     4    §  2.  Resolved (if the Assembly concur), That the foregoing amendment
     5  be referred to the first regular legislative session convening after the
     6  next succeeding general election of members of  the  assembly,  and,  in
     7  conformity  with  section  1  of  article  19  of  the  constitution, be
     8  published for three months previous to the time of such election.