Bill Text: NY S08888 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to prohibiting retaliation against individuals who request a reasonable accommodation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-25 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S08888 Detail]

Download: New_York-2023-S08888-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8888

                    IN SENATE

                                     March 25, 2024
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        AN  ACT  to  amend the executive law, in relation to prohibiting retali-
          ation against individuals who request a reasonable accommodation

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "reasonable accommodation anti-retaliation act".
     3    § 2. Legislative findings. The legislature  finds  and  declares  that
     4  reasonable accommodations are an essential feature of the anti-discrimi-
     5  nation  provisions  of  the executive law, including but not limited to,
     6  subdivisions 2, 2-a, 3, 10, 14, 18, and 22 of section 296 of the  execu-
     7  tive law.
     8    The legislature further finds and declares that explicit anti-retalia-
     9  tion  protections for accommodation requests will help ensure that indi-
    10  viduals maintain full access to the rights,  protections,  and  remedies
    11  available under the anti-discrimination provisions of the executive law.
    12    The  amendments  in  this  act are declarative of and clarify existing
    13  law.  This act shall not be construed to mean  that  the  executive  law
    14  does not already prohibit retaliation for requesting a reasonable accom-
    15  modation.
    16    §  3. Subdivision 7 of section 296 of the executive law, as amended by
    17  chapter 140 of the laws of 2022, is amended to read as follows:
    18    7. It shall be an unlawful  discriminatory  practice  for  any  person
    19  engaged  in  any  activity to which this section applies to retaliate or
    20  discriminate against any person because [he or she] such person has  (i)
    21  opposed any practices forbidden under this article [or because he or she
    22  has],  (ii)  filed a complaint, testified, or assisted in any proceeding
    23  under this article, or (iii) requested a reasonable accommodation  under
    24  this  article.  Retaliation may include, but is not limited to, disclos-
    25  ing an employee's personnel files because [he or she] such employee  has
    26  (i) opposed any practices forbidden under this article [or because he or
    27  she has], (ii) filed a complaint, testified, or assisted in any proceed-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14536-01-4
        S. 8888                             2

     1  ing  under  this  article, or (iii) requested a reasonable accommodation
     2  under this article, except where such disclosure is made in  the  course
     3  of  commencing or responding to a complaint in any proceeding under this
     4  article  or  any  other  civil  or  criminal action or other judicial or
     5  administrative proceeding as permitted by applicable law.
     6    § 4. This act shall take effect immediately and  shall  apply  to  all
     7  actions filed on or after the effective date.