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Assembly Bill A6170A

2011-2012 Legislative Session

Prohibits discrimination against religious attire

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A6170 - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Civil Rights Law
Laws Affected:
Amd §40-c, Civ Rts L; amd §296, Exec L; amd §§220-e & 239, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A864
2015-2016: A2049
2017-2018: A4977
2019-2020: A4204

2011-A6170 - Summary

Prohibits discrimination against religious attire and appurtenances thereto, including facial hair.

2011-A6170 - Bill Text download pdf 

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

                                  6170

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2011
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to  amend the civil rights law, the executive law and the labor
  law, in  relation  to  prohibiting  discrimination  against  religious
  attire

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

  Section 1. Section 40-c of the civil rights law is amended by adding a
new subdivision 3 to read as follows:
  3. NO PERSON SHALL, ON ACCOUNT OF BEING ATTIRED IN  RELIGIOUSLY  MOTI-
VATED  OR MANDATED GARB OR APPURTENANCES THERETO, INCLUDING FACIAL HAIR,
PROVIDED THAT SUCH ATTIRE DOES NOT POSE  A  DANGER  OR  HAZARD  TO  SUCH
PERSON  OR  OTHER  PERSONS  AND  PROVIDED,  FURTHER, THAT IN THE CASE OF
PUBLIC SAFETY OFFICIALS, THE PROHIBITION AGAINST ANY  SUCH  ATTIRE  THAT
COVERS  THE FACE SHALL NOT CONSTITUTE DISCRIMINATION UNDER THIS SECTION,
BE SUBJECTED TO ANY DISCRIMINATION IN HIS OR HER CIVIL RIGHTS, OR TO ANY
HARASSMENT, AS DEFINED IN SECTION 240.25 OF THE PENAL LAW, IN THE  EXER-
CISE  THEREOF, BY ANY OTHER PERSON OR BY ANY FIRM, CORPORATION OR INSTI-
TUTION, OR BY THE STATE OR ANY AGENCY OR SUBDIVISION OF THE STATE.
  S 2. Subdivision 1 of section 296 of the executive law is  amended  by
adding a new paragraph (h) to read as follows:
  (H)  FOR  ANY  EMPLOYER,  LABOR  ORGANIZATION  OR EMPLOYMENT AGENCY TO
DISCHARGE, EXPEL OR OTHERWISE DISCRIMINATE AGAINST ANY PERSON ATTIRED IN
RELIGIOUSLY MOTIVATED OR MANDATED GARB OR APPURTENANCES THERETO, INCLUD-
ING FACIAL HAIR; PROVIDED THAT SUCH ATTIRE DOES NOT  POSE  A  DANGER  OR
HAZARD  TO  SUCH  PERSON OR OTHER PERSONS AND PROVIDED, FURTHER, THAT IN
THE CASE OF PUBLIC SAFETY OFFICIALS, THE PROHIBITION  AGAINST  ANY  SUCH
ATTIRE  THAT  COVERS  THE FACE SHALL NOT CONSTITUTE DISCRIMINATION UNDER
THIS SECTION.
  S 3. Subdivision 2-a of section 296 of the executive law is amended by
adding a new paragraph (b-1) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08867-03-1

co-Sponsors

multi-Sponsors

2011-A6170A (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Civil Rights Law
Laws Affected:
Amd §40-c, Civ Rts L; amd §296, Exec L; amd §§220-e & 239, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A864
2015-2016: A2049
2017-2018: A4977
2019-2020: A4204

2011-A6170A (ACTIVE) - Summary

Prohibits discrimination against religious attire and appurtenances thereto, including facial hair.

2011-A6170A (ACTIVE) - Bill Text download pdf 

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

                                 6170--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2011
                               ___________

Introduced  by  M.  of  A.  WEPRIN,  P. RIVERA, REILLY, ORTIZ, ROBINSON,
  M. MILLER, ROBERTS, SCARBOROUGH, BARRON, STEVENSON, COLTON, LAVINE  --
  Multi-Sponsored  by  --  M.  of  A.  ABBATE,  BRENNAN, GIBSON, HIKIND,
  JEFFRIES, SALADINO, WEISENBERG  --  read  once  and  referred  to  the
  Committee  on  Governmental Operations -- recommitted to the Committee
  on Governmental Operations in accordance with Assembly Rule 3, sec.  2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the civil rights law, the executive law  and  the  labor
  law,  in  relation  to  prohibiting  discrimination  against religious
  attire

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

  Section 1. Section 40-c of the civil rights law is amended by adding a
new subdivision 3 to read as follows:
  3.  A. NO EMPLOYEE WHO IS EMPLOYED AT A STATE OR MUNICIPAL AGENCY IN A
POSITION  THAT CUSTOMARILY WEARS A UNIFORM SHALL BE REQUIRED TO WEAR ANY
PORTION OF THE UNIFORM THAT CONFLICTS WITH SUCH  EMPLOYEE'S  RELIGIOUSLY
MOTIVATED OR MANDATED GARB OR APPURTENANCES THERETO.
  B. NO EMPLOYEE WHO IS EMPLOYED BY A STATE OR MUNICIPAL AGENCY SHALL BE
REQUIRED  TO  REMOVE  ANY  FACIAL  HAIR THAT IS WORN BY SUCH EMPLOYEE IN
ADHERENCE TO THE EMPLOYEE'S RELIGIOUS TENETS.
  C. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY  INSTANCE
IN  WHICH  THE FAILURE TO WEAR THE APPROVED UNIFORM OR REMOVE THE EXCESS
FACIAL HAIR COULD RESULT IN DANGER TO THE EMPLOYEE OR TO THE PUBLIC.
  S 2. Subdivision 1 of section 296 of the executive law is  amended  by
adding a new paragraph (h) to read as follows:
  (H)  FOR  ANY  EMPLOYER,  LABOR  ORGANIZATION  OR EMPLOYMENT AGENCY TO
DISCHARGE, EXPEL OR OTHERWISE  DISCRIMINATE  AGAINST  ANY  EMPLOYEE  FOR
FAILURE  TO  WEAR  A  REQUIRED  UNIFORM WHEN SUCH EMPLOYEE IS ATTIRED IN
RELIGIOUSLY MOTIVATED OR MANDATED GARB OR APPURTENANCES THERETO, INCLUD-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08867-05-2

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