Assembly Bill A864A

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

                                   864

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. ABBATE,
  BARRON,  BRENNAN,  COLTON,  GIBSON,  HIKIND,  LAVINE,  MILLER,  ORTIZ,
  RIVERA,  ROBERTS,  ROBINSON, SALADINO, SCARBOROUGH, STEVENSON, WEISEN-
  BERG -- read once and referred to the Committee on Governmental  Oper-
  ations

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-
ING  FACIAL  HAIR;  PROVIDED  THAT SUCH ATTIRE DOES NOT POSE A DANGER OR
HAZARD TO SUCH EMPLOYEE OR THE PUBLIC.

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

                                                           LBD03836-01-3

A. 864                              2

  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:
  (B-1)  TO DISCRIMINATE AGAINST ANY PERSON ATTIRED IN RELIGIOUS GARB OR
CLOTHING, AS SUCH TERM IS DESCRIBED IN PARAGRAPH (H) OF SUBDIVISION  ONE
OF THIS SECTION;
  S  4.  Subdivisions (c), (d) and (e) of section 220-e of the labor law
are relettered subdivisions (d), (e) and (f) and a new  subdivision  (c)
is added to read as follows:
  (C)  THAT  NO  CONTRACTOR, SUBCONTRACTOR, NOR ANY PERSON ON HIS BEHALF
SHALL, IN ANY MANNER, DISCRIMINATE AGAINST OR  INTIMIDATE  ANY  EMPLOYEE
HIRED  FOR THE PERFORMANCE OF WORK UNDER THIS CONTRACT FOR BEING ATTIRED
IN RELIGIOUSLY MOTIVATED OR  MANDATED  GARB  OR  APPURTENANCES  THERETO,
INCLUDING  FACIAL HAIR, PROVIDED THAT SUCH ATTIRE DOES NOT POSE A DANGER
OR HAZARD TO SUCH EMPLOYEE OR THE PUBLIC.
  S 5. Subdivisions 3 and 4 of section 239 of the labor law  are  renum-
bered  subdivisions  4 and 5 and a new subdivision 3 is added to read as
follows:
  (3) THAT NO CONTRACTOR, SUBCONTRACTOR, NOR ANY PERSON  ON  HIS  BEHALF
SHALL,  IN  ANY  MANNER, DISCRIMINATE AGAINST OR INTIMIDATE ANY EMPLOYEE
HIRED FOR THE PERFORMANCE OF WORK UNDER THIS CONTRACT FOR BEING  ATTIRED
IN  RELIGIOUSLY  MOTIVATED  OR  MANDATED  GARB OR APPURTENANCES THERETO,
INCLUDING FACIAL HAIR, PROVIDED THAT SUCH ATTIRE DOES NOT POSE A  DANGER
OR HAZARD TO SUCH EMPLOYEE OR THE PUBLIC;
  S 6. This act shall take effect immediately.