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 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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