S05951 Summary:

BILL NO    S05951A

SAME AS    SAME AS A08201-A

SPONSOR    KRUEGER

COSPNSR    AVELLA, DILAN, GIPSON, HOYLMAN, KENNEDY, LATIMER, PERALTA, SERRANO

MLTSPNSR   

Add S296-c, amd S292, Exec L

Provides certain civil rights protections for interns.
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S05951 Actions:

BILL NO    S05951A

10/11/2013 REFERRED TO RULES
01/08/2014 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
02/06/2014 AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
02/06/2014 PRINT NUMBER 5951A
06/02/2014 1ST REPORT CAL.1093
06/03/2014 2ND REPORT CAL.
06/09/2014 ADVANCED TO THIRD READING 
06/18/2014 SUBSTITUTED BY A8201A
           A08201  AMEND=A  O'Donnell (MS)
           10/24/2013 referred to governmental operations
           01/08/2014 referred to governmental operations
           02/05/2014 amend and recommit to governmental operations
           02/05/2014 print number 8201a
           02/11/2014 reported referred to codes
           06/12/2014 reported referred to rules
           06/16/2014 reported 
           06/16/2014 rules report cal.271
           06/16/2014 ordered to third reading rules cal.271
           06/16/2014 passed assembly
           06/16/2014 delivered to senate
           06/16/2014 REFERRED TO RULES
           06/18/2014 SUBSTITUTED FOR S5951A
           06/18/2014 3RD READING CAL.1093
           06/18/2014 PASSED SENATE
           06/18/2014 RETURNED TO ASSEMBLY
           07/11/2014 delivered to governor
           07/22/2014 signed chap.97
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S05951 Votes:

There are no votes for this bill in this legislative session.
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S05951 Text:

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

                                        5951--A

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   October 11, 2013
                                      ___________

       Introduced  by  Sens.  KRUEGER, AVELLA, DILAN, GIPSON, HOYLMAN, KENNEDY,
         LATIMER, PERALTA, SERRANO -- read twice and ordered printed, and  when
         printed  to  be  committed to the Committee on Rules -- recommitted to
         the Committee on Investigations and Government Operations  in  accord-
         ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee

       AN  ACT  to  amend  the  executive law, in relation to providing certain
         civil rights protections for interns

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. The executive law is amended by adding a new section 296-c
    2  to read as follows:
    3    S 296-C. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO INTERNS. 1.  AS
    4  USED  IN  THIS SECTION, "INTERN" MEANS A PERSON WHO PERFORMS WORK FOR AN
    5  EMPLOYER FOR THE PURPOSE OF TRAINING UNDER THE FOLLOWING CIRCUMSTANCES:
    6    A. THE EMPLOYER IS NOT COMMITTED TO HIRE  THE  PERSON  PERFORMING  THE
    7  WORK AT THE CONCLUSION OF THE TRAINING PERIOD;
    8    B.  THE  EMPLOYER  AND  THE  PERSON PERFORMING THE WORK AGREE THAT THE
    9  PERSON PERFORMING THE WORK  IS  NOT  ENTITLED  TO  WAGES  FOR  THE  WORK
   10  PERFORMED; AND
   11    C. THE WORK PERFORMED:
   12    (1) PROVIDES OR SUPPLEMENTS TRAINING THAT MAY ENHANCE THE EMPLOYABILI-
   13  TY OF THE INTERN;
   14    (2)  PROVIDES  EXPERIENCE FOR THE BENEFIT OF THE PERSON PERFORMING THE
   15  WORK;
   16    (3) DOES NOT DISPLACE REGULAR EMPLOYEES; AND
   17    (4) IS PERFORMED UNDER THE CLOSE SUPERVISION OF EXISTING STAFF.
   18    2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO:
   19    A. REFUSE TO HIRE OR EMPLOY OR TO BAR OR TO DISCHARGE FROM  INTERNSHIP
   20  AN INTERN OR TO DISCRIMINATE AGAINST SUCH INTERN IN TERMS, CONDITIONS OR
   21  PRIVILEGES OF EMPLOYMENT AS AN INTERN BECAUSE OF THE INTERN'S AGE, RACE,

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11709-06-4
       S. 5951--A                          2

    1  CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX,
    2  DISABILITY,  PREDISPOSING  GENETIC  CHARACTERISTICS,  MARITAL STATUS, OR
    3  DOMESTIC VIOLENCE VICTIM STATUS;
    4    B. DISCRIMINATE AGAINST AN INTERN IN RECEIVING, CLASSIFYING, DISPOSING
    5  OR  OTHERWISE  ACTING  UPON  APPLICATIONS FOR INTERNSHIPS BECAUSE OF THE
    6  INTERN'S AGE, RACE, CREED, COLOR, NATIONAL ORIGIN,  SEXUAL  ORIENTATION,
    7  MILITARY  STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS,
    8  MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS;
    9    C. PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR CIRCULATED ANY  STATE-
   10  MENT,  ADVERTISEMENT  OR  PUBLICATION, OR TO USE ANY FORM OF APPLICATION
   11  FOR EMPLOYMENT AS AN INTERN OR TO MAKE ANY INQUIRY  IN  CONNECTION  WITH
   12  PROSPECTIVE  EMPLOYMENT,  WHICH  EXPRESSES  DIRECTLY  OR INDIRECTLY, ANY
   13  LIMITATION, SPECIFICATION OR DISCRIMINATION  AS  TO  AGE,  RACE,  CREED,
   14  COLOR,  NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX, DISA-
   15  BILITY, PREDISPOSING GENETIC CHARACTERISTICS, MARITAL STATUS OR DOMESTIC
   16  VIOLENCE VICTIM STATUS, OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPEC-
   17  IFICATION OR DISCRIMINATION, UNLESS BASED UPON A BONA FIDE  OCCUPATIONAL
   18  QUALIFICATION;  PROVIDED,  HOWEVER,  THAT NEITHER THIS PARAGRAPH NOR ANY
   19  PROVISION OF THIS CHAPTER OR OTHER LAW SHALL BE  CONSTRUED  TO  PROHIBIT
   20  THE  DEPARTMENT  OF  CIVIL SERVICE OR THE DEPARTMENT OF PERSONNEL OF ANY
   21  CITY CONTAINING MORE THAN ONE COUNTY FROM  REQUESTING  INFORMATION  FROM
   22  APPLICANTS  FOR CIVIL SERVICE INTERNSHIPS OR EXAMINATIONS CONCERNING ANY
   23  OF THE AFOREMENTIONED CHARACTERISTICS, OTHER  THAN  SEXUAL  ORIENTATION,
   24  FOR  THE  PURPOSE OF CONDUCTING STUDIES TO IDENTIFY AND RESOLVE POSSIBLE
   25  PROBLEMS IN RECRUITMENT AND TESTING OF MEMBERS  OF  MINORITY  GROUPS  TO
   26  INSURE  THE  FAIREST  POSSIBLE AND EQUAL OPPORTUNITIES FOR EMPLOYMENT IN
   27  THE CIVIL SERVICE FOR ALL  PERSONS,  REGARDLESS  OF  AGE,  RACE,  CREED,
   28  COLOR,  NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX, DISA-
   29  BILITY, PREDISPOSING GENETIC CHARACTERISTICS, MARITAL STATUS OR DOMESTIC
   30  VIOLENCE VICTIM STATUS;
   31    D. TO DISCHARGE, EXPEL OR OTHERWISE DISCRIMINATE  AGAINST  ANY  PERSON
   32  BECAUSE HE OR SHE HAS OPPOSED ANY PRACTICES FORBIDDEN UNDER THIS ARTICLE
   33  OR BECAUSE HE OR SHE HAS FILED A COMPLAINT, TESTIFIED OR ASSISTED IN ANY
   34  PROCEEDING UNDER THIS ARTICLE; OR
   35    E.  TO  COMPEL  AN  INTERN WHO IS PREGNANT TO TAKE A LEAVE OF ABSENCE,
   36  UNLESS THE INTERN IS PREVENTED BY SUCH  PREGNANCY  FROM  PERFORMING  THE
   37  ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION IN A REASONABLE MANNER.
   38    3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO:
   39    A. ENGAGE IN UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR
   40  OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE TO AN INTERN WHEN:
   41    (1) SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY
   42  A TERM OR CONDITION OF THE INTERN'S EMPLOYMENT;
   43    (2)  SUBMISSION  TO OR REJECTION OF SUCH CONDUCT BY THE INTERN IS USED
   44  AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INTERN; OR
   45    (3) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING
   46  WITH THE INTERN'S WORK PERFORMANCE BY CREATING AN INTIMIDATING, HOSTILE,
   47  OR OFFENSIVE WORKING ENVIRONMENT; OR
   48    B. SUBJECT AN INTERN TO UNWELCOME HARASSMENT BASED ON AGE, SEX,  RACE,
   49  CREED,  COLOR,  SEXUAL ORIENTATION, MILITARY STATUS, DISABILITY, PREDIS-
   50  POSING GENETIC CHARACTERISTICS, MARITAL STATUS, DOMESTIC VIOLENCE VICTIM
   51  STATUS, OR NATIONAL ORIGIN, WHERE SUCH HARASSMENT  HAS  THE  PURPOSE  OR
   52  EFFECT OF UNREASONABLY INTERFERING WITH THE INTERN'S WORK PERFORMANCE BY
   53  CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
   54    4.  NOTHING  IN  THIS  SECTION  SHALL AFFECT ANY RESTRICTIONS UPON THE
   55  ACTIVITIES OF PERSONS  LICENSED  BY  THE  STATE  LIQUOR  AUTHORITY  WITH
   56  RESPECT TO PERSONS UNDER TWENTY-ONE YEARS OF AGE.
       S. 5951--A                          3

    1    5.  NOTHING  IN  THIS  SECTION SHALL CREATE AN EMPLOYMENT RELATIONSHIP
    2  BETWEEN AN EMPLOYER AND AN INTERN FOR  THE  PURPOSES  OF  ARTICLES  SIX,
    3  SEVEN, EIGHTEEN OR NINETEEN OF THE LABOR LAW.
    4    S  2. Subdivision 4 of section 292 of the executive law, as amended by
    5  chapter 173 of the laws of 1974, is amended to read as follows:
    6    4. The term "unlawful discriminatory  practice"  includes  only  those
    7  practices  specified  in  sections  two  hundred  ninety-six  [and], two
    8  hundred ninety-six-a AND TWO HUNDRED NINETY-SIX-C of this article.
    9    S 3. This act shall take effect immediately.
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