Requires New York state agencies and other state government entities to provide personal assistance services to employees with targeted disabilities; provides exceptions; defines "personal assistance services".
STATE OF NEW YORK
________________________________________________________________________
6930
2021-2022 Regular Sessions
IN SENATE
May 20, 2021
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the executive law, in relation to requiring New York
state agencies and other state government entities to provide personal
assistance services to employees with targeted disabilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 296 of the executive law is amended by adding a new
2 subdivision 3-c to read as follows:
3 3-c. (a) In addition to reasonable modifications in policies, prac-
4 tices, or procedures, including other reasonable accommodations for
5 persons with disabilities as otherwise provided in this section, it
6 shall be an unlawful discriminatory practice for any state agency or
7 other government entity acting as an employer to refuse to provide
8 personal assistance services, upon request, to an employee with a
9 targeted disability who requires personal assistance services because of
10 such targeted disability, and who will be able to perform their specific
11 job functions without posing a direct threat to safety once such
12 personal assistance services are provided.
13 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
14 sion, a state agency or other state government entity acting as an
15 employer shall not be required to provide personal assistance services
16 to an individual requesting such services where:
17 (i) the requestor is not an employee of such state agency or state
18 government entity;
19 (ii) the requestor does not have a targeted disability;
20 (iii) the requestor's targeted disability does not create a need for
21 personal assistance services;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10801-01-1
S. 6930 2
1 (iv) the requestor is not able to perform the essential functions of
2 their specific job, even if personal assistance services and any other
3 reasonable accommodations under this section are provided; or
4 (v) providing personal assistance services to the requestor would
5 impose an undue hardship on the agency.
6 (c) The commissioner shall promulgate rules and regulations:
7 (i) creating a list of disabilities qualifying as "targeted disabili-
8 ties" under this subdivision;
9 (ii) establishing a process by which individuals with targeted disa-
10 bilities employed or seeking employment at a state agency or other state
11 government entity may apply for personal assistance services;
12 (iii) establishing a process by which state agencies and other state
13 government entities shall determine whether an individual has a targeted
14 disability that creates a need for personal assistance services under
15 this subdivision; and
16 (iv) to accomplish anything else deemed relevant and necessary by the
17 commissioner to fulfill the purposes of this subdivision.
18 (d) The commissioner shall make available on the division's website:
19 (i) the list of targeted disabilities established pursuant to subpara-
20 graph (i) of paragraph (c) of this subdivision; and
21 (ii) the process by which individuals with targeted disabilities
22 employed or seeking employment at a state agency or other state govern-
23 ment entity may apply for personal assistance services pursuant to
24 subparagraph (ii) of paragraph (c) of this subdivision.
25 (e) For the purposes of this subdivision "personal assistance
26 services" means assistance with performing activities of daily living
27 that an individual would typically perform if they did not have a disa-
28 bility, and that is not otherwise required as a reasonable accommodation
29 under this section, including, but not limited to, assistance with
30 removing and putting on clothing, eating, using a restroom, or ambulat-
31 ing. "Personal assistance services" shall not include performing medical
32 procedures, medical monitoring, or helping a person with a disability
33 perform their specific job functions.
34 § 2. This act shall take effect one year after it shall have become a
35 law. Effective immediately, the addition, amendment and/or repeal of any
36 rule or regulation necessary for the implementation of this act on its
37 effective date are authorized to be made and completed on or before such
38 effective date.
