A01264 Summary:

BILL NO    A01264A

SAME AS    SAME AS S05880

SPONSOR    Gunther (MS)

COSPNSR    Jacobs, Millman, Jaffee, Lifton, Englebright, Steck, Scarborough,
           Rivera, Abinanti, Hooper, Colton, Mayer, Walter, Simotas, Galef,
           Rosenthal, Clark, Peoples-Stokes, Fahy, Stirpe, Lupardo, Barrett

MLTSPNSR   Arroyo, McDonald, Montesano, Mosley, O'Donnell, Rozic, Skartados

Amd SS292 & 296, Exec L

Requires the provision of reasonable accommodations for pregnant women.
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A01264 Actions:

BILL NO    A01264A

01/09/2013 referred to governmental operations
01/08/2014 referred to governmental operations
04/28/2014 amend (t) and recommit to governmental operations
04/28/2014 print number 1264a
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A01264 Votes:

There are no votes for this bill in this legislative session.
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A01264 Memo:

BILL NUMBER:A1264A

TITLE OF BILL:  An act to amend the executive law, in relation to
reasonable accommodation

PURPOSE:

This bill would enact part of the New York Women's Agenda, which would
break down barriers that perpetuate discrimination and inequality based
on gender. New York State has a proud history and tradition of leading
the nation in progressive ideals and reforms. This is especially so with
respect to women's rights in 1843, the women's suffrage movement was
born at the first Women's Rights Convention in Seneca Falls, New York.
From that moment in time and continuing through today, the state has
been the home of female leaders and visionaries, from Elizabeth Cady
Stanton who initiated the first organized women's rights and women's
suffrage movements, to Audre Lorde, a leading African-American poet and
essayist who gave voice to women's issues, and Gloria Steinem, the jour-
nalist, author and activist. These New Yorkers have served as role
models for not only their generation but for every generation to come.

Over the years, New York has fallen behind in its role as a progressive
leader on women's rights. Today, statistics clearly show that women in
New York State are not treated equally to men. Study after study shows
gender inequality in our communities where women face discrimination in
the workplace based on pregnancy.

The New York Women's Agenda will break down barriers that perpetuate
discrimination and inequality based on gender. New York has served as a
model for equality and fairness on several issues including women's
rights. The New York Women's Agenda will return the State to its right-
ful place as a leader on women's equality.

SUMMARY OF BILL:

This bill would amend Exec. L. S 296 to clarify that employers must
perform a reasonable accommodation analysis for employees with pregnan-
cy-related conditions. A pregnancy-related condition would be defined as
a medical condition related to pregnancy or childbirth. A reasonable
accommodation would not have to be granted if it imposed an undue hard-
ship on an employer. A pregnancy-related condition would be treated as a
temporary disability for the purposes of current Division of Human
Rights regulations regarding reasonable accommodations. Additionally, it
would codify in law a requirement currently in regulation that an
employee must cooperate in providing medical or other information to
verify the existence of a disability or pregnancy-related condition.

EXISTING LAW:

This bill would impact existing protections that are available under the
Executive Law.

STATEMENT IN SUPPORT:

* Stopping Pregnancy Discrimination Once and For All

Conditions related to childbirth and pregnancy can result in impairment
requiring accommodation. Some pregnant workers require modest adjust-
ments on the job for conditions related to pregnancy and childbirth in
order to stay healthy and keep working. Employees may require a stool to
sit on, extra restroom breaks, transfer away from hazardous duties, a
temporary reprieve from heavy lifting, or a reasonable time for child-
birth recovery. In order to adequately protect the rights of pregnant
workers, it is necessary to create a specific protection in the Human
Rights Law requiring employers to provide a reasonable accommodation for
pregnancy-related conditions, unless doing so would create an undue
hardship. While the Division of Human Rights has long interpreted the
sex and disability protections of the Human Rights Law to encompass
pregnancy-related conditions, recent Court decisions have contributed to
the already considerable confusion as to the availability and extent of
this protection. The purpose of this bill is to codify the Division's
existing interpretation of-the law while not depriving women of any of
their existing protections under the disability and sex discrimination
provisions of the law.

BUDGET IMPLICATIONS:

This bill has no budget implications for the State.

EFFECTIVE DATE:

This bill would take effect 90 days after enactment.
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A01264 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        1264--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by M. of A. GUNTHER, JACOBS, MILLMAN, JAFFEE, LIFTON, ENGLE-
         BRIGHT, STECK, SCARBOROUGH, RIVERA, ABINANTI, HOOPER,  COLTON,  MAYER,
         WALTER,  SIMOTAS,  ROSA  --  Multi-Sponsored  by  --  M. of A. ARROYO,
         MONTESANO, MOSLEY -- read  once  and  referred  to  the  Committee  on
         Governmental  Operations  --  recommitted  to the Committee on Govern-
         mental Operations in accordance  with  Assembly  Rule  3,  sec.  2  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee

       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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01243-02-4
       A. 1264--A                          2

    1  LIMITED TO CONDITIONS WHICH, UPON THE PROVISION OF  REASONABLE  ACCOMMO-
    2  DATIONS,  DO NOT PREVENT THE COMPLAINANT FROM PERFORMING IN A REASONABLE
    3  MANNER THE ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION SOUGHT OR  HELD;
    4  AND  PROVIDED  FURTHER, HOWEVER, THAT PREGNANCY-RELATED CONDITIONS SHALL
    5  BE TREATED AS TEMPORARY DISABILITIES FOR THE PURPOSES OF THIS ARTICLE.
    6    S 2. Paragraph (a) of subdivision 3 of section 296  of  the  executive
    7  law,  as  added by chapter 269 of the laws of 1997, is amended and a new
    8  paragraph (c) is added to read as follows:
    9    (a) It shall be an unlawful discriminatory practice for  an  employer,
   10  licensing  agency,  employment agency or labor organization to refuse to
   11  provide reasonable accommodations to the known disabilities, OR PREGNAN-
   12  CY-RELATED CONDITIONS, of an employee, prospective employee or member in
   13  connection with a job or occupation sought or held or participation in a
   14  training program.
   15    (C) THE EMPLOYEE MUST COOPERATE IN PROVIDING MEDICAL OR OTHER INFORMA-
   16  TION THAT IS NECESSARY TO VERIFY THE  EXISTENCE  OF  THE  DISABILITY  OR
   17  PREGNANCY-RELATED  CONDITION,  OR THAT IS NECESSARY FOR CONSIDERATION OF
   18  THE ACCOMMODATION. THE EMPLOYEE HAS A RIGHT TO HAVE SUCH MEDICAL  INFOR-
   19  MATION KEPT CONFIDENTIAL.
   20    S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
   21  sion, section or part of this act shall be adjudged by a court of compe-
   22  tent  jurisdiction to be invalid, such judgment shall not affect, impair
   23  or invalidate the remainder thereof, but shall be confined in its opera-
   24  tion to the clause, sentence, paragraph, subdivision,  section  or  part
   25  thereof  directly  involved  in  the  controversy in which such judgment
   26  shall have been rendered. It is hereby declared to be the intent of  the
   27  legislature  that  this act would have been enacted even if such invalid
   28  provisions had not been included herein.
   29    S 4. This act shall take effect on the ninetieth day  after  it  shall
   30  have become a law.
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