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S03841 Summary:

BILL NOS03841
 
SAME ASSAME AS A03193
 
SPONSORHOYLMAN-SIGAL
 
COSPNSRKRUEGER, WEBB
 
MLTSPNSR
 
Add §296-e, Exec L
 
Relates to prohibiting discrimination against a person based upon weight; excepts where deviation may pose a threat to the individual, other patrons, or the general public.
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S03841 Actions:

BILL NOS03841
 
01/30/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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S03841 Memo:

Memo not available
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S03841 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3841
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2025
                                       ___________
 
        Introduced  by  Sens.  HOYLMAN-SIGAL,  KRUEGER,  WEBB  -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Investigations and Government Operations
 
        AN  ACT to amend the executive law, in relation to prohibiting discrimi-
          nation against a person based upon weight

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The executive law is amended by adding a new section 296-e
     2  to read as follows:
     3    § 296-e. Unlawful discriminatory practices relating to the  weight  of
     4  an individual. It shall be an unlawful discriminatory practice:
     5    1.  For  an  employer  or licensing agency, because of an individual's
     6  weight, to refuse to hire or employ or  to  bar  or  to  discharge  from
     7  employment such individual or to discriminate against such individual in
     8  compensation or in terms, conditions or privileges of employment.
     9    2.  For  an  employment  agency to discriminate against any individual
    10  because of weight in  receiving,  classifying,  disposing  or  otherwise
    11  acting  upon  applications for its services or in referring an applicant
    12  or applicants to an employer or employers.
    13    3. For a labor organization, because of the weight of any  individual,
    14  to  exclude  or  to  expel  from  its  membership  such individual or to
    15  discriminate in any way against  any  of  its  members  or  against  any
    16  employer or any individual employed by an employer.
    17    4.  For  any  employer  or  employment agency to print or circulate or
    18  cause to be printed or circulated any statement, advertisement or publi-
    19  cation, or to use any form of application for employment or to make  any
    20  inquiry  in  connection  with  prospective  employment,  which expresses
    21  directly or indirectly, any limitation, specification or  discrimination
    22  as  to  weight, or any intent to make any such limitation, specification
    23  or discrimination, unless based upon a bona fide occupational qualifica-
    24  tion.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05305-01-5

        S. 3841                             2
 
     1    5. For any person,  being  the  owner,  lessee,  proprietor,  manager,
     2  superintendent,  agent or employee of any place of public accommodation,
     3  resort or amusement, because of the weight of any  person,  directly  or
     4  indirectly,  to  refuse, withhold from or deny to such person any of the
     5  accommodations,  advantages, facilities or privileges thereof; provided,
     6  however, that it shall not be an  unlawful  discriminatory  practice  to
     7  adhere  to any weight restrictions where any deviation may pose a threat
     8  to the individual, other patrons, or the general public.
     9    § 2. This act shall take effect immediately.
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