STATE OF NEW YORK
________________________________________________________________________
272--B
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
___________
Introduced by M. of A. SEAWRIGHT, OTIS, SIMOTAS, CRESPO, QUART, LENTOL,
NIOU, GOTTFRIED -- read once and referred to the Committee on Judici-
ary -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to section 11 of article 1 of the constitution, in
relation to equality of rights and protection against discrimination
1 Section 1. Resolved (if the Senate concur), That section 11 of article
2 1 of the constitution be amended to read as follows:
3 § 11. (a) No person shall be denied the equal protection of the laws
4 of this state or any subdivision thereof. No person shall, because of
5 race, color, ethnicity, national origin, age, disability, creed [or],
6 religion, or sex including pregnancy, sexual orientation, gender identi-
7 ty or expression, be subjected to any discrimination in or to any denial
8 or abridgment of his or her equal civil rights by any other person or by
9 any firm, corporation, or institution, or by the state or any agency or
10 subdivision of the state. The words "civil rights" mean any right that
11 impacts the equal opportunity of all the people of New York to enjoy a
12 full and productive life.
13 (b) This section shall not be construed to:
14 (1) preclude bona fide qualifications for a job, position, benefit or
15 service in a particular capacity if authorized by law with respect to
16 disability or age; or
17 (2) preclude reasonable accommodation with respect to disability or
18 pregnancy; or
19 (3) preclude a private educational institution that has a policy of
20 educating students of one sex or religion from limiting enrollment to
21 that sex or religion if so authorized by law; or
22 (4) modify the requirements of section three of this article; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89010-07-9
A. 272--B 2
1 (5) invalidate or prevent the adoption of any law, regulation, program
2 or activity that has as its purpose the amelioration of conditions of
3 historically disadvantaged individuals or communities.
4 (c) (1) Nothing in this section shall be interpreted as prohibiting
5 legislative action which must be taken to establish or maintain eligi-
6 bility for any federal program, where ineligibility would result in a
7 loss of federal funds to the state.
8 (2) If any part of this section, or any action taken to enforce this
9 section, be finally declared invalid under federal law or the United
10 States Constitution, the section shall be implemented to the maximum
11 extent that federal law and the United States Constitution permit. Any
12 provision held invalid shall be severable from the remaining portions of
13 this section.
14 § 2. Resolved (if the Senate concur), That the foregoing amendment be
15 referred to the first regular legislative session convening after the
16 next succeeding general election of members of the assembly, and, in
17 conformity with section 1 of article 19 of the constitution, be
18 published for three months previous to the time of such election.
