A00864 Summary:

BILL NOA00864A
 
SAME ASSAME AS S05828
 
SPONSORWeprin (MS)
 
COSPNSRScarborough, Cahill, Paulin, Schimel, Sepulveda
 
MLTSPNSRAbbate, Brennan, Colton, Cook, Hikind, Hooper, Lavine, Miller, Mosley, Ortiz, Perry, Ramos, Rivera, Roberts, Robinson, Saladino, Solages, Weinstein, Weisenberg
 
Amd S296, Exec L
 
Prohibits discrimination against religious attire and appurtenances thereto, including facial hair.
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A00864 Actions:

BILL NOA00864A
 
01/09/2013referred to governmental operations
06/07/2013amend (t) and recommit to governmental operations
06/07/2013print number 864a
06/10/2013reported referred to codes
06/17/2013reported referred to rules
06/19/2013reported
06/19/2013rules report cal.492
06/19/2013ordered to third reading rules cal.492
06/19/2013passed assembly
06/19/2013delivered to senate
06/19/2013REFERRED TO RULES
01/08/2014DIED IN SENATE
01/08/2014RETURNED TO ASSEMBLY
01/08/2014ordered to third reading cal.52
01/14/2014passed assembly
01/14/2014delivered to senate
01/14/2014REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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A00864 Memo:

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.
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A00864 Text:



 
                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.
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