A04272 Summary:

COSPNSRJaffee, Lifton, Englebright, Steck, Rivera, Abinanti, Hooper, Colton, Mayer, Simotas, Galef, Rosenthal, Clark, Peoples-Stokes, Fahy, Stirpe, Lupardo, Barrett, Walter, Cymbrowitz, Palumbo, Murray, Johns, Rozic, Bichotte, Linares, O'Donnell, Otis, Barron, Cahill, Mosley, Arroyo, Lavine, Joyner, Pichardo, McDonald, Dilan, Duprey, Corwin, Buchwald, Paulin, Davila, Walker, Robinson, Skoufis, Gottfried, Hawley, Bronson, Woerner, Miller, Seawright, Perry
MLTSPNSRBrabenec, Ceretto, Cook, Curran, Finch, Giglio, Glick, Kearns, Kolb, Lawrence, Lopez, Lupinacci, Markey, McDonough, McKevitt, Montesano, Nolan, Oaks, Raia, Saladino, Simon, Skartados, Solages, Stec, Tedisco, Thiele, Titone, Wozniak
Amd SS292 & 296, Exec L
Requires the provision of reasonable accommodations for pregnant women.
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A04272 Actions:

01/30/2015referred to governmental operations
04/28/2015reported referred to codes
05/04/2015reported referred to rules
05/04/2015rules report cal.31
05/04/2015ordered to third reading rules cal.31
05/05/2015substituted by s8
 01/12/2015PASSED SENATE
 01/12/2015referred to codes
 05/05/2015substituted for a4272
 05/05/2015ordered to third reading rules cal.31
 05/05/2015passed assembly
 05/05/2015returned to senate
 10/21/2015SIGNED CHAP.369
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A04272 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Gunther (MS)
  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 Afri- can-American poet and essayist who gave voice to women's issues, and Gloria Steinem, the journalist, 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. § 296 to clarify that employers must perform a reasonable accommodation analysis for employees with pregnancy-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 hardship 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. Addi- tionally, it would codify in law a requirement currently in regulation that an employee must cooperate in providing medical or other informa- tion to verify the existence of a disability or pregnancy-related condi- tion.   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.   LEGISLATIVE HISTORY: 2013-14: A1264A referred to Governmental Operations/S5880 passed Senate   FISCAL 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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A04272 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2015
        Introduced  by  M.  of  A.  GUNTHER, JAFFEE, LIFTON, ENGLEBRIGHT, STECK,
          WALTER -- Multi-Sponsored by -- M. of A.  ARROYO,  MONTESANO,  MOSLEY,
          O'DONNELL, ROZIC, SKARTADOS -- read once and referred to the Committee
          on Governmental Operations
        AN  ACT  to  amend the executive law, in relation to reasonable accommo-
          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
    19  limited  to  conditions which, upon the provision of reasonable accommo-
    20  dations, do not prevent the complainant from performing in a  reasonable
    21  manner  the activities involved in the job or occupation sought or held;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4272                             2
     1  and provided further, however, that pregnancy-related  conditions  shall
     2  be treated as temporary disabilities for the purposes of this article.
     3    §  2.  Paragraph  (a) of subdivision 3 of section 296 of the executive
     4  law, as added by chapter 269 of the laws of 1997, is amended and  a  new
     5  paragraph (c) is added to read as follows:
     6    (a)  It  shall be an unlawful discriminatory practice for an employer,
     7  licensing agency, employment agency or labor organization to  refuse  to
     8  provide reasonable accommodations to the known disabilities, or pregnan-
     9  cy-related conditions, of an employee, prospective employee or member in
    10  connection with a job or occupation sought or held or participation in a
    11  training program.
    12    (c) The employee must cooperate in providing medical or other informa-
    13  tion  that  is  necessary  to  verify the existence of the disability or
    14  pregnancy-related condition, or that is necessary for  consideration  of
    15  the  accommodation. The employee has a right to have such medical infor-
    16  mation kept confidential.
    17    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    18  sion, section or part of this act shall be adjudged by a court of compe-
    19  tent jurisdiction to be invalid, such judgment shall not affect,  impair
    20  or invalidate the remainder thereof, but shall be confined in its opera-
    21  tion  to  the  clause, sentence, paragraph, subdivision, section or part
    22  thereof directly involved in the  controversy  in  which  such  judgment
    23  shall  have been rendered. It is hereby declared to be the intent of the
    24  legislature that this act would have been enacted even if  such  invalid
    25  provisions had not been included herein.
    26    §  4.  This  act shall take effect on the ninetieth day after it shall
    27  have become a law.
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