Waives the state's sovereign immunity to liability for violations of the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act; also waives the immunity of all instrumentalities and political subdivisions of the state.
STATE OF NEW YORK
________________________________________________________________________
1522
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to waiving the state's
sovereign immunity to claims under the Americans with Disabilities Act
of 1990, the Fair Labor Standards Act of 1938, the Age Discrimination
in Employment Act of 1967, and the Family and Medical Leave Act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil rights law is amended by adding a new section 16
2 to read as follows:
3 § 16. Waiver of state immunity. The state hereby waives its sovereign
4 immunity with regard to all claims, actions and proceedings brought
5 pursuant to the federal Americans with Disabilities Act of 1990 (P.L.
6 101-336, as amended), the federal Fair Labor Standards Act of 1938, the
7 federal Age Discrimination in Employment Act of 1967, and the federal
8 Family and Medical Leave Act. The provisions of such acts shall apply
9 to the state, and any instrumentality or political subdivision thereof.
10 § 2. This act shall take effect immediately and shall be deemed to
11 have been in full force and effect on and after February 21, 2001.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01288-01-7
