senate Bill S1308

Applies the provisions of the human rights law to all employers regardless of the number of persons in their employ excluding certain family operated businesses

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 14 / Jan / 2013
    • RECOMMIT, ENACTING CLAUSE STRICKEN

Summary

Applies the provisions of the human rights law to all employers regardless of the number of persons in their employ; excludes from the definition of employers those employers where at least two-thirds of the employees are family members or spouses of family members of the employer.

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Bill Details

Versions:
S1308
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง292, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2616
2009-2010: S1377

Sponsor Memo

BILL NUMBER:S1308

TITLE OF BILL:
An act
to amend the executive law, in relation
to expanding the type and number of employers covered by
the provisions of the human
rights law

PURPOSE OR GENERAL IDEA OF BILL:
To make all employers, including those who employ fewer than four
persons, subject to anti-discrimination provisions of the state's
human rights law.

PROVISIONS:
This bill amends subdivision 5 of section 292 of the Executive Law, as
amended by chapter 481 of the laws of 2010 which defines specific
terms used in New York State's Human Rights Law. The law currently
defines the term "employer" as not including any employer "with fewer
than four persons in his employ."

This legislation changes the definition of the term "employer" by
extending it to include employers with less than three employees.
This definition is further amended by exempting only those employers
where at least two-thirds of the employees are closely related by
blood or marriage to the employer.

JUSTIFICATION:

Section 292 currently exempts employers with less than four employees
from all provisions of the Human Rights Law that are intended to
prevent discriminatory hiring practices. Whatever the purpose of this
exemption, the fact remains that some employers with less than four
employees do engage in discriminatory hiring practices that are
hurtful, unjust, and repugnant to the morals of a civilized society.
The burden of requiring small employers to comply with the provisions
of the Human Rights Law rarely outweighs the negative effects of
wrongful discriminatory practices in New York State.

Perhaps the only situation in which compliance is a burden is the case
of family owned businesses where close family members make up all or
most of the employees. In this situation, a family business may find
compliance impossible due to the family's racial or ethnic homogeneity.

Small business is a rapidly expanding element of the state's economy,
and is the key to increased employment in the coming years. In some
areas of our state, both rural and urban communities, small business
provides significant employment opportunities. If the number of small
businesses continues to grow throughout the state, their exemption
from anti-discrimination laws affects not two or three job
applicants, but tens of thousands of citizens seeking employment. It
is unfair to allow
such a large segment of the state's population to remain unprotected
from unfair employment practices. This law, therefore, must be
amended to cover all employers in this state.


PRIOR LEGISLATIVE HISTORY:
This bill was previously introduced.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1308

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the executive law, in relation to expanding the type and
  number of employers covered by the provisions of the human rights law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  5  of  section  292 of the executive law, as
amended by chapter 481 of the laws  of  2010,  is  amended  to  read  as
follows:
  5.  The term "employer" [does not include] INCLUDES any employer [with
fewer than four] REGARDLESS OF THE NUMBER  OF  persons  in  his  or  her
employ  except  as set forth in section two hundred ninety-six-b of this
title PROVIDED, HOWEVER, SUCH TERM SHALL NOT INCLUDE AN  EMPLOYER  WHERE
AT  LEAST  TWO-THIRDS  OF  THE  PERSONS IN THE EMPLOYERS' EMPLOY ARE THE
CHILDREN, PARENTS, SPOUSE OR A  RELATIVE  WITHIN  THE  THIRD  DEGREE  OF
CONSANGUINITY, OR THE SPOUSES THEREOF, OF SUCH EMPLOYER.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04192-01-3

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