senate Bill S5828

2013-2014 Legislative Session

Prohibits discrimination against religious attire

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jun 17, 2013 referred to rules

Co-Sponsors

S5828 - Bill Details

See Assembly Version of this Bill:
A864A
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง296, Exec L
Versions Introduced in 2011-2012 Legislative Session:
A6170A

S5828 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5828

TITLE OF BILL: An act to amend the executive law, in relation to
prohibiting discrimination against religious attire

PURPOSE OR GENERAL IDEA OF BILL: This bill would clarify that the
wearing of any attire, clothing, or facial hair in accordance with the
requirements of his or her religion is protected under the Human
Rights Law.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill would clarify that it is an unlawful
discriminatory practice for an employer to require a person to violate
or forego the wearing attire, clothing, or facial hair in accordance
with the requirements of his or her religion unless the employer
demonstrates that it is unable to reasonably accommodate the person's
religious practice without undue hardship on the conduct of the
employer's business.

Section two is the effective date.

JUSTIFICATION: This bill is intended to protect the religious rights
of all New Yorkers. An example of the need for this bill is a case in
New York City where a member of the Sikh religion who worked for the
MTA was ordered to remove his turban and wear the MTA hat. When he
objected, on religious ground, the MTA responded that he may wear the
turban if he affixes an MTA badge to the front. This was unacceptable
as wearing a turban is a solemn religious duty for Sikhs and affixing
a badge to it would not be religiously proper. This bill would ensure
that persons like the gentleman described above will no longer be
discriminated at their places of work because of their religious
duties.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: none

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5828

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by  Sen. SANDERS -- 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 prohibiting discrimi-
  nation against religious attire

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

  Section 1. Paragraph (a) of subdivision 10 of section 296 of the exec-
utive  law, as amended by chapter 539 of the laws of 2002, is amended to
read as follows:
  (a) It shall be an unlawful discriminatory practice for any  employer,
or  an employee or agent thereof, to impose upon a person as a condition
of  obtaining  or  retaining  employment,  including  opportunities  for
promotion,  advancement or transfers, any terms or conditions that would
require such person to violate or forego a sincerely  held  practice  of
his  or her religion, including but not limited to the observance of any
particular day or days or any portion thereof as a sabbath or other holy
day in accordance with the requirements of his or her  religion  OR  THE
WEARING  OF  ANY ATTIRE, CLOTHING, OR FACIAL HAIR IN ACCORDANCE WITH THE
REQUIREMENTS OF HIS OR HER RELIGION, unless, after engaging  in  a  bona
fide  effort,  the employer demonstrates that it is unable to reasonably
accommodate the employee's  or  prospective  employee's  sincerely  held
religious  observance  or practice without undue hardship on the conduct
of the employer's business.  Notwithstanding any other provision of  law
to  the  contrary, an employee shall not be entitled to premium wages or
premium benefits for work performed during hours to which  such  premium
wages or premium benefits would ordinarily be applicable, if the employ-
ee  is  working during such hours only as an accommodation to his or her
sincerely held religious requirements.  Nothing  in  this  paragraph  or
paragraph  (b)  of  this  subdivision  shall alter or abridge the rights
granted to an employee concerning the payment of wages or privileges  of
seniority accruing to that employee.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03836-03-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.