NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A864A
SPONSOR: Weprin (MS)
 
TITLE OF BILL: An act to amend the executive law, in relation to
prohibiting discrimination against religious attire
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would clarify that the wearing of any attire, clothing, or
facial hair in accordance with the requirements of his or her religion
is protected under the Human Rights Law.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill would clarify that it is an unlawful discrimina-
tory practice for an employer to require a person to violate or forego
the wearing attire, clothing, or facial hair in accordance with the
requirements of his or her religion unless the employer demonstrates
that it is unable to reasonably accommodate the person's religious prac-
tice without undue hardship on the conduct of the employer's business.
Section two is the effective date.
 
JUSTIFICATION:
This bill is intended to protect the religious rights of all New York-
ers. An example o1 the need for this bill is a case in New York City
where a member of the Sikh religion who worked for the MTA was ordered
to remove his turban and wear the MTA hat. When he objected, on reli-
gious ground, the MTA responded that he may wear the turban if he
affixes an MTA badge to the front. This was unacceptable as wearing a
turban is a solemn religious duty for Sikhs and affixing a badge to it
would not be religiously proper. This bill would ensure that persons
like the gentleman described above will no longer be discriminated at
their places of work because of their religious duties.
 
PRIOR LEGISLATIVE HISTORY:
03/08/11 referred to governmental operations
01/04/12 referred to governmental operations
06/07/12 amend and recommit to governmental operations
06/07/12 print number 6170a
 
FISCAL IMPLICATIONS:
none
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
864--A
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. WEPRIN, SCARBOROUGH, CAHILL, PAULIN, SCHIMEL --
Multi-Sponsored by -- M. of A. ABBATE, BARRON, BRENNAN, COLTON, COOK,
GABRYSZAK, GIBSON, HIKIND, HOOPER, LAVINE, MILLER, MOSLEY, ORTIZ,
PERRY, RIVERA, ROBERTS, ROBINSON, SALADINO, SOLAGES, STEVENSON, WEIS-
ENBERG -- read once and referred to the Committee on Governmental
Operations -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the executive law, in relation to prohibiting discrimi-
nation against religious attire
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 10 of section 296 of the exec-
2 utive law, as amended by chapter 539 of the laws of 2002, is amended to
3 read as follows:
4 (a) It shall be an unlawful discriminatory practice for any employer,
5 or an employee or agent thereof, to impose upon a person as a condition
6 of obtaining or retaining employment, including opportunities for
7 promotion, advancement or transfers, any terms or conditions that would
8 require such person to violate or forego a sincerely held practice of
9 his or her religion, including but not limited to the observance of any
10 particular day or days or any portion thereof as a sabbath or other holy
11 day in accordance with the requirements of his or her religion or the
12 wearing of any attire, clothing, or facial hair in accordance with the
13 requirements of his or her religion, unless, after engaging in a bona
14 fide effort, the employer demonstrates that it is unable to reasonably
15 accommodate the employee's or prospective employee's sincerely held
16 religious observance or practice without undue hardship on the conduct
17 of the employer's business. Notwithstanding any other provision of law
18 to the contrary, an employee shall not be entitled to premium wages or
19 premium benefits for work performed during hours to which such premium
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03836-02-3
A. 864--A 2
1 wages or premium benefits would ordinarily be applicable, if the employ-
2 ee is working during such hours only as an accommodation to his or her
3 sincerely held religious requirements. Nothing in this paragraph or
4 paragraph (b) of this subdivision shall alter or abridge the rights
5 granted to an employee concerning the payment of wages or privileges of
6 seniority accruing to that employee.
7 § 2. This act shall take effect immediately.