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S05880 Actions:

BILL NOS05880
 
06/18/2013REFERRED TO RULES
06/21/2013ORDERED TO THIRD READING CAL.1589
06/21/2013PASSED SENATE
06/21/2013DELIVERED TO ASSEMBLY
06/21/2013referred to codes
01/08/2014died in assembly
01/08/2014returned to senate
01/08/2014REFERRED TO RULES
06/12/2014ORDERED TO THIRD READING CAL.1366
06/12/2014PASSED SENATE
06/12/2014DELIVERED TO ASSEMBLY
06/12/2014referred to governmental operations
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S05880 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5880
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      June 18, 2013
                                       ___________
 
        Introduced  by  Sens.  HANNON,  CARLUCCI,  ROBACH  -- (at request of the
          Governor) -- read twice and ordered printed, and when  printed  to  be
          committed to the Committee on Rules
 
        AN  ACT  to  amend the executive law, in relation to reasonable accommo-
          dation
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1.  Subdivision  21-e of section 292 of the executive law, as
     2  added by chapter 269 of the laws of 1997, is amended and a new  subdivi-
     3  sion 21-f is added to read as follows:
     4    21-e.  The  term  "reasonable accommodation" means actions taken which
     5  permit an employee, prospective employee or member with a disability, or
     6  a pregnancy-related condition, to perform in  a  reasonable  manner  the
     7  activities involved in the job or occupation sought or held and include,
     8  but are not limited to, provision of an accessible worksite, acquisition
     9  or modification of equipment, support services for persons with impaired
    10  hearing  or  vision,  job  restructuring  and  modified  work schedules;
    11  provided, however, that such actions do not impose an undue hardship  on

    12  the  business,  program or enterprise of the entity from which action is
    13  requested.
    14    21-f. The term "pregnancy-related condition" means a medical condition
    15  related to pregnancy or childbirth  that  inhibits  the  exercise  of  a
    16  normal bodily function or is demonstrable by medically accepted clinical
    17  or  laboratory  diagnostic  techniques;  provided,  however, that in all
    18  provisions of this article dealing with employment, the  term  shall  be
    19  limited  to  conditions which, upon the provision of reasonable accommo-
    20  dations, do not prevent the complainant from performing in a  reasonable
    21  manner  the activities involved in the job or occupation sought or held;
    22  and provided further, however, that pregnancy-related  conditions  shall

    23  be treated as temporary disabilities for the purposes of this article.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12058-01-3

        S. 5880                             2
 
     1    §  2.  Paragraph  (a) of subdivision 3 of section 296 of the executive
     2  law, as added by chapter 269 of the laws of 1997, is amended and  a  new
     3  paragraph (c) is added to read as follows:
     4    (a)  It  shall be an unlawful discriminatory practice for an employer,
     5  licensing agency, employment agency or labor organization to  refuse  to
     6  provide reasonable accommodations to the known disabilities, or pregnan-

     7  cy-related conditions, of an employee, prospective employee or member in
     8  connection with a job or occupation sought or held or participation in a
     9  training program.
    10    (c) The employee must cooperate in providing medical or other informa-
    11  tion  that  is  necessary  to  verify the existence of the disability or
    12  pregnancy-related condition, or that is necessary for  consideration  of
    13  the  accommodation. The employee has a right to have such medical infor-
    14  mation kept confidential.
    15    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    16  sion, section or part of this act shall be adjudged by a court of compe-
    17  tent jurisdiction to be invalid, such judgment shall not affect,  impair
    18  or invalidate the remainder thereof, but shall be confined in its opera-

    19  tion  to  the  clause, sentence, paragraph, subdivision, section or part
    20  thereof directly involved in the  controversy  in  which  such  judgment
    21  shall  have been rendered. It is hereby declared to be the intent of the
    22  legislature that this act would have been enacted even if  such  invalid
    23  provisions had not been included herein.
    24    §  4.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law.
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