NY State Senate Bill 2009-S4898

Senate Bill S4898

2009-2010 Legislative Session

Prohibits discrimination against a person who refuses to perform an abortion when it is against his or her conscience or religious beliefs

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Apr 27, 2009	referred to codes

2009-S4898 (ACTIVE) - Details

See Assembly Version of this Bill:: A2935
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Amd §79-i, Civ Rts L

2009-S4898 (ACTIVE) - Summary

Prohibits discrimination against a person who refuses to perform or assist in an abortion when it is against his or her conscience or religious beliefs; gives complete and effective civil rights protection to such person.

2009-S4898 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4898

 TITLE OF BILL :  An act to amend the civil rights law, in relation to
prohibiting discrimination against person who refuses to perform
certain act

 PURPOSE OF BILL : To give complete and effective civil rights
protection to health and human services workers who have conscientious
objections to morally offensive medical procedures and policies.

 SUMMARY OF PROVISIONS : Section one amends section 79-1 of the civil
rights law, as added by chapter 1098 of the laws of 1971. The
amendment would allow an individual to refuse to perform an abortion
if it is contrary to the conscience or religious belief of the person.
This measure would also protect the individual from discrimination in
their workplace due to their objection. The bill would also protect
the right to refuse assistance to end a life or provide contraceptive
devices.

 JUSTIFICATION : Many health and human service workers are confronted
with the dilemma of cooperation in medical and legal acts that offend
their moral beliefs. This is especially true for those workers in
secular institutions who are called on to participate in or refer
people for abortion or contraception, or who must advise people about
their right to decline medical treatment at the end of life. With the
potential legalization of assisted suicide and abortion-inducing drugs

on the horizon, the plight of the conscientious objection will soon
become even more precarious. The law needs to respect and affirm the
inherent right of conscientious objectors.

Current civil rights law do not adequately protect doctors, nurses,
pharmacists, social workers and other health and human services
workers, especially those who are employed by secular or state
institutions. Section 79-1 of the New York State Civil Rights Law
currently provides that a person who has a conscientious or religious
objection to performing or assisting in an abortion shall not suffer
any form of discrimination. However, the law does not grant similar
protection to those who do not wish to be involved in morally
objectionable end-of-life decisions, or issues relating to
contraception. It also does not clearly give protection to social
workers and others in the human services field (e.g., a counselor who
does not wish to be compelled to provide abortion information or
referrals, or participate on condom demonstrations), or pharmacists
who do not wish to be involved in the dispensing of medication for
objectionable purposes.

In addition, the Civil Right Law's current requirement that a person
file a prior written statement of refusal is inappropriate. Civil
Right's statutes should not require a prior statement of a person's
religious or moral beliefs, or limit protection only to those who have
made such a statement. In effect, the section discriminates against
those who are not aware of their rights before being placed in a
difficult situation. It also leaves workers vulnerable to negative
repercussions on the job (e.g., a hostile work environment).

To provide full protection to conscientious objectors, the law should
make clear that individuals may not suffer any threat to their
professional licenses, and that they may bring lawsuits to vindicate
their rights. Finally, all employees of social service agencies and
health care institutions should be advised of their rights under this
section, so that no person may feel pressure to participate in a
morally objectionable act out of ignorance of his/her rights,

 LEGISLATIVE HISTORY :
1997-98: S.4923, referred to Codes.
1999-00: S.2186, referred to Codes.
2001-02: S.4915, referred to Codes.
2003-04: S.146, referred to Codes.
2005-06: S.1873, referred to Codes.
2007-08: S.6644, referred to Codes.

 FISCAL IMPLICATIONS : None determined.

 EFFECTIVE DATE :  This act shall take effect immediately.

2009-S4898 (ACTIVE) - Bill Text download pdf

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

                                  4898

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN  ACT  to  amend  the  civil  rights  law,  in relation to prohibiting
  discrimination against person who refuses to perform certain act

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

  Section  1.  Section 79-i of the civil rights law, as added by chapter
1098 of the laws of 1971, is amended to read as follows:
  S 79-i. Discrimination against person who refuses to  perform  certain
act  prohibited.  1. When the performing of an abortion on a human being
or assisting thereat is contrary to the conscience or religious  beliefs
of  any  person,  he  OR  SHE  may  refuse  to perform or assist in such
abortion [by filing a prior written refusal setting  forth  the  reasons
therefor  with  the  appropriate and responsible hospital, person, firm,
corporation or association], OR  REFUSE  TO  REFER  A  PERSON  FOR  SUCH
ABORTION,  OR  REFUSE TO PROVIDE INFORMATION ABOUT SUCH ABORTION, and no
such PUBLIC OR PRIVATE HUMAN SERVICES AGENCY,  hospital,  person,  firm,
corporation  or  association  shall  discriminate  against the person so
refusing to act.
  2. WHEN PROVIDING A PERSON WITH ANY FORM OF ASSISTANCE OR  INFORMATION
RELATING  TO  LIFE-SUSTAINING  MEDICAL  TREATMENT  IS  CONTRARY  TO  THE
CONSCIENCE OR RELIGIOUS BELIEFS OF ANY PERSON, HE OR SHE MAY  REFUSE  TO
PROVIDE  SUCH ASSISTANCE OR INFORMATION, OR REFUSE TO REFER A PERSON FOR
SUCH ASSISTANCE OR INFORMATION, AND NO PUBLIC OR PRIVATE HUMAN  SERVICES
OR  HEALTH  CARE  AGENCY, HOSPITAL, PERSON, FIRM, CORPORATION OR ASSOCI-
ATION SHALL DISCRIMINATE AGAINST THE PERSON SO REFUSING TO ACT.
  3. WHEN PROVIDING A PERSON WITH ANY FORM OF ASSISTANCE  TO  END  THEIR
LIFE  IS  CONTRARY TO THE CONSCIENCE OR RELIGIOUS BELIEFS OF ANY PERSON,
HE OR SHE MAY REFUSE TO PROVIDE SUCH ASSISTANCE, OR REFUSE  TO  REFER  A
PERSON  FOR SUCH ASSISTANCE, OR REFUSE TO PROVIDE INFORMATION ABOUT SUCH
ASSISTANCE, AND NO PUBLIC OR PRIVATE HUMAN SERVICES OR HEALTH CARE AGEN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05804-01-9

S. 4898                             2

CY, HOSPITAL, PERSON, FIRM, CORPORATION OR ASSOCIATION  SHALL  DISCRIMI-
NATE AGAINST THE PERSON SO REFUSING TO ACT.
  4.  WHEN PROVIDING A PERSON WITH ANY FORM OF ASSISTANCE OR INFORMATION
ABOUT CONTRACEPTION OR CONTRACEPTIVE DEVICES (INCLUDING CONDOMS OR OTHER
ITEMS THAT ARE DISPENSED, DISCUSSED  OR  DEMONSTRATED  AS  PART  OF  ANY
PROGRAM  TO PREVENT THE SPREAD OF DISEASE) IS CONTRARY TO THE CONSCIENCE
OR RELIGIOUS BELIEFS OF ANY PERSON, HE OR SHE MAY REFUSE TO PROVIDE SUCH
ASSISTANCE OR INFORMATION, OR REFUSE TO REFER A PERSON FOR SUCH  ASSIST-
ANCE  OR  INFORMATION, AND NO PUBLIC OR PRIVATE HUMAN SERVICES OR HEALTH
CARE AGENCY, HOSPITAL, PERSON, FIRM, CORPORATION  OR  ASSOCIATION  SHALL
DISCRIMINATE AGAINST THE PERSON SO REFUSING TO ACT.
  5.  EVERY  PUBLIC  AND  PRIVATE AGENCY, HOSPITAL, PERSON, FIRM, CORPO-
RATION OR ASSOCIATION  THAT  PROVIDES  HUMAN  SERVICES  OR  HEALTH  CARE
SERVICES  SHALL  BE  REQUIRED  TO NOTIFY EMPLOYEES OF THEIR RIGHTS UNDER
THIS SECTION IN WRITING AND TO INCLUDE THE RIGHTS UNDER THIS SECTION  IN
THEIR EMPLOYEE HANDBOOKS AND PERSONNEL PROCEDURES.
  6.  A  violation  of the provisions of this section shall constitute a
misdemeanor. AN INDIVIDUAL AFFECTED BY ANY ACTION IN VIOLATION  OF  THIS
SECTION MAY ALSO BRING A PRIVATE CAUSE OF ACTION AGAINST ANY INSTITUTION
OR INDIVIDUAL WHO VIOLATES THIS SECTION.
  [2]  7. No civil action for negligence or malpractice, OR DISCIPLINARY
ACTION FOR PROFESSIONAL MISCONDUCT, shall be maintained against a person
so refusing to act  based  on  such  refusal.  A  PROFESSIONAL  LICENSE,
INCLUDING  A  RENEWAL OR RECERTIFICATION THEREOF, SHALL NOT BE DENIED TO
ANY PERSON BASED ON SUCH REFUSAL, NOR SHALL SUCH LICENSE BE SUSPENDED OR
REVOKED BASED ON SUCH REFUSAL.
  S 2. This act shall take effect immediately.

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