Directs the department of labor, in consultation with the division of human rights and the department of health to produce a model training program on neurodiversity awareness.
STATE OF NEW YORK
________________________________________________________________________
7720
2023-2024 Regular Sessions
IN SENATE
October 20, 2023
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the labor law, in relation to establishing a model
neurodiversity awareness training program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The labor law is amended by adding a new section 201-j to
2 read as follows:
3 § 201-j. Neurodiversity awareness training. 1. a. The department shall
4 consult with the division of human rights and the department of health
5 to produce a model training program on neurodiversity awareness.
6 b. Such model neurodiversity awareness training program shall be
7 interactive and include:
8 (i) a definition, explanation, and examples of neurodiversity consist-
9 ent with guidance issued by the department in consultation with the
10 division of human rights and the department of health;
11 (ii) examples of conduct designed to help participants understand and
12 appreciate the differences in cognitive processing and neurodevelopmen-
13 tal conditions of neurodiverse individuals;
14 (iii) information concerning best practices to avoid inequity and
15 foster a safe, supportive workplace for neurodiverse individuals;
16 (iv) information regarding the impact ignorance of neurodiversity may
17 have on individuals across the state;
18 (v) information concerning employees' rights of redress and all avail-
19 able forums for adjudicating complaints; and
20 (vi) any other information the department, the division of human
21 rights and the department of health deems relevant and appropriate for
22 such a course.
23 c. The model training program created pursuant to this section, and
24 any equivalent program shall be reviewed and reapproved by the depart-
25 ment and the division of human rights on a biennial basis.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13104-02-3
S. 7720 2
1 2. The commissioner shall prepare templates of the model neurodiversi-
2 ty awareness training program created pursuant to subdivision one of
3 this section. The commissioner shall determine, in his or her
4 discretion, which languages to provide in addition to English, based on
5 the size of the New York state population that speaks each language and
6 any other factor that the commissioner shall deem relevant. All such
7 templates shall be made available to employers in the state upon an
8 employer's request.
9 3. Every employer shall utilize the model training program on neurodi-
10 versity awareness pursuant to this section or establish a training
11 program for employees to provide neurodiversity awareness that equals or
12 exceeds the minimum standards provided by such model training. Such
13 neurodiversity awareness training shall be provided to all employees on
14 an annual basis.
15 4. The department may promulgate any rules or regulations necessary
16 for the purposes of carrying out the provisions of this section.
17 5. As used in this section, the term "neurodiversity" means the range
18 of differences in individual brain function and behavioral traits,
19 regarded as part of normal variation in the human population.
20 § 2. This act shall take effect on the one hundred eightieth day after
21 it shall have become a law. Effective immediately, the department of
22 labor, in consultation with the division of human rights and the depart-
23 ment of health, is authorized to create the model neurodiversity aware-
24 ness training program pursuant to section 201-j of the labor law, as
25 added by section one of this act.
