senate Bill S5880

Relates to reasonable accommodation

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Bill Status


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

  • 18 / Jun / 2013
    • REFERRED TO RULES
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1589
  • 21 / Jun / 2013
    • PASSED SENATE
  • 21 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO RULES
  • 12 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1366
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Requires the provision of reasonable accommodations for pregnant women.

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Bill Details

See Assembly Version of this Bill:
A1264A
Versions:
S5880
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §§292 & 296, Exec L

Sponsor Memo

BILL NUMBER:S5880 REVISED 6/26/13

TITLE OF BILL: An act to amend the executive law, in relation to
reasonable accommodation

Purpose:

This bill would enact part of the New York Women's Agenda, which would
break down barriers that perpetuate discrimination and inequality
based on gender. New York State has a proud history and tradition of
leading the nation in progressive ideals and reforms This is
especially so with respect to women's rights in 1843, the women's
suffrage movement was born at the first Women's Rights Convention in
Seneca Falls, New York. From that moment in time and continuing
through today, the state has been the home of female leaders and
visionaries, from Elizabeth Cady Stanton who initiated the first
organized women's rights and women's suffrage movements, to Audre
Lorde, a leading African-American poet and essayist who gave voice to
women's issues, and Gloria Steinem, the journalist, author and
activist. These New Yorkers have served as role models for not only
their generation but for every generation to come.

Over the years, New York has fallen behind in its role as a
progressive leader on women's rights. Today, statistics clearly show
that women in New York State are not treated equally to men. Study
after study shows gender inequality in our communities where women
face discrimination in the workplace based on pregnancy.

The New York Women's Agenda will break down barriers that perpetuate
discrimination and inequality based on gender. New York has served as
a model for equality and fairness on several issues including women's
rights. The New York Women's Agenda will return the State to its
rightful place as a leader on women's equality.

Summary of Bills:

9) Pregnancy Discrimination

This bill would amend Exec. L. § 296 to clarify that employers must
perform a reasonable accommodation analysis for employees with
pregnancy-related conditions. A pregnancy-related condition would be
defined as a medical condition related to pregnancy or childbirth. A
reasonable accommodation would not have to be granted if it imposed an
undue hardship on an employer. A pregnancy-related condition would be
treated as a temporary disability for the purposes of current Division
of Human Rights regulations regarding reasonable accommodations.
Additionally, it would codify in law a requirement currently in
regulation that an employee must cooperate in providing medical or
other information to verify the existence of a disability or
pregnancy-related condition.

Existing Law:

This bill would impact existing protections that are available under
the Executive Law.

Statement in Support:


* Stopping Pregnancy Discrimination Once and For All

Conditions related to childbirth and pregnancy can result in
impairment requiring accommodation. Some pregnant workers require
modest adjustments on the job for conditions related to pregnancy and
childbirth in order to stay healthy and keep working. Employees may
require a stool to sit on, extra restroom breaks, transfer away from
hazardous duties, a temporary reprieve from heavy lifting, or a
reasonable time for childbirth recovery. In order to adequately
protect the rights of pregnant workers, it is necessary to create a
specific protection in the Human Rights Law requiring employers to
provide a reasonable accommodation for pregnancy-related conditions,
unless doing so would create an undue hardship. While the Division of
Human Rights has long interpreted the sex and disability protections
of the Human Rights Law to encompass pregnancy-related conditions,
recent Court decisions have contributed to the already considerable
confusion as to the availability and extent of this protection. The
purpose of this bill is to codify the Division's existing
interpretation of-the law while not depriving women of any of their
existing protections under the disability and sex discrimination
provisions of the law.

Budget Implications:

This bill has no budget implications for the State.

Effective Date:

This bill would take effect 90 days after enactment.

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

                                  5880

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sens.  HANNON,  CARLUCCI,  ROBACH  -- (at request of the
  Governor) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Rules

AN  ACT  to  amend the executive law, in relation to reasonable accommo-
  dation

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

  Section  1.  Subdivision  21-e of section 292 of the executive law, as
added by chapter 269 of the laws of 1997, is amended and a new  subdivi-
sion 21-f is added to read as follows:
  21-e.  The  term  "reasonable accommodation" means actions taken which
permit an employee, prospective employee or member with a disability, OR
A PREGNANCY-RELATED CONDITION, to perform in  a  reasonable  manner  the
activities involved in the job or occupation sought or held and include,
but are not limited to, provision of an accessible worksite, acquisition
or modification of equipment, support services for persons with impaired
hearing  or  vision,  job  restructuring  and  modified  work schedules;
provided, however, that such actions do not impose an undue hardship  on
the  business,  program or enterprise of the entity from which action is
requested.
  21-F. THE TERM "PREGNANCY-RELATED CONDITION" MEANS A MEDICAL CONDITION
RELATED TO PREGNANCY OR CHILDBIRTH  THAT  INHIBITS  THE  EXERCISE  OF  A
NORMAL BODILY FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL
OR  LABORATORY  DIAGNOSTIC  TECHNIQUES;  PROVIDED,  HOWEVER, THAT IN ALL
PROVISIONS OF THIS ARTICLE DEALING WITH EMPLOYMENT, THE  TERM  SHALL  BE
LIMITED  TO  CONDITIONS WHICH, UPON THE PROVISION OF REASONABLE ACCOMMO-
DATIONS, DO NOT PREVENT THE COMPLAINANT FROM PERFORMING IN A  REASONABLE
MANNER  THE ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION SOUGHT OR HELD;
AND PROVIDED FURTHER, HOWEVER, THAT PREGNANCY-RELATED  CONDITIONS  SHALL
BE TREATED AS TEMPORARY DISABILITIES FOR THE PURPOSES OF THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12058-01-3

S. 5880                             2

  S  2.  Paragraph  (a) of subdivision 3 of section 296 of the executive
law, as added by chapter 269 of the laws of 1997, is amended and  a  new
paragraph (c) is added to read as follows:
  (a)  It  shall be an unlawful discriminatory practice for an employer,
licensing agency, employment agency or labor organization to  refuse  to
provide reasonable accommodations to the known disabilities, OR PREGNAN-
CY-RELATED CONDITIONS, of an employee, prospective employee or member in
connection with a job or occupation sought or held or participation in a
training program.
  (C) THE EMPLOYEE MUST COOPERATE IN PROVIDING MEDICAL OR OTHER INFORMA-
TION  THAT  IS  NECESSARY  TO  VERIFY THE EXISTENCE OF THE DISABILITY OR
PREGNANCY-RELATED CONDITION, OR THAT IS NECESSARY FOR  CONSIDERATION  OF
THE  ACCOMMODATION. THE EMPLOYEE HAS A RIGHT TO HAVE SUCH MEDICAL INFOR-
MATION KEPT CONFIDENTIAL.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compe-
tent jurisdiction to be invalid, such judgment shall not affect,  impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion  to  the  clause, sentence, paragraph, subdivision, section or part
thereof directly involved in the  controversy  in  which  such  judgment
shall  have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if  such  invalid
provisions had not been included herein.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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