senate Bill S5873

2013-2014 Legislative Session

Relates to unlawful discriminatory practices

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Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1438
Jan 08, 2014 referred to rules
returned to senate
died in assembly
Jun 21, 2013 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1582
Jun 18, 2013 referred to rules

Votes

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Jun 17, 2014 - Rules committee Vote

S5873
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Jun 21, 2013 - Rules committee Vote

S5873
25
0
committee
25
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

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S5873 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §292, Exec L

S5873 - Bill Texts

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Relates to unlawful discriminatory practices.

view sponsor memo
BILL NUMBER:S5873 REVISED 6/26/13

TITLE OF BILL: An act to amend the executive law, in relation to
unlawful discriminatory practices

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 1848, 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.

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:

2) Sexual Harassment

This bill would amend Exec L § 292 to apply the existing provisions of
the Human Rights Law to employers with fewer than four employees in
cases of sexual harassment

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

* Stopping Sexual Harassment in All Workplaces

Sexual harassment disproportionately affects women in the workplace.
In 2011, women filed 75% of all sexual harassment complaints filed at
the New York State Division of Human Rights and 83% of all sexual
harassment complaints filed at the Equal Employment Opportunity
Commission. However, those persons working for employers with fewer
than 4 employees cannot file a complaint with the State, because small
employers are currently exempt from the provisions of State law that
prohibit harassment-and more than 60% of the state's private employers
have fewer than 4 employees. This bill would amend the law to protect
workers from sexual harassment regardless of the size of the
workplace. Under the amended law, an employee of any business; large
or small, may file a complaint for sexual harassment.


Budget Implications: This bill has no budget implications for the
State

Effective Date: This bill would take effect 90 days after enactment.

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

                                  5873

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced by Sens. VALESKY, LITTLE, GOLDEN -- (at request of the Gover-
  nor) -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Rules

AN ACT to amend the executive law, in relation to unlawful discriminato-
  ry practices

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

  Section 1. Subdivision 5 of section  292  of  the  executive  law,  as
amended  by  chapter  481  of  the  laws  of 2010, is amended to read as
follows:
  5. The term "employer" does not include any employer with  fewer  than
four  persons  in  his  or her employ except as set forth in section two
hundred ninety-six-b of this [title] ARTICLE, PROVIDED, HOWEVER, THAT IN
THE CASE OF AN ACTION FOR DISCRIMINATION BASED ON SEX PURSUANT TO SUBDI-
VISION ONE OF SECTION TWO  HUNDRED  NINETY-SIX  OF  THIS  ARTICLE,  WITH
RESPECT TO SEXUAL HARASSMENT ONLY, THE TERM "EMPLOYER" SHALL INCLUDE ALL
EMPLOYERS WITHIN THE STATE.
  S 2. 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 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12050-01-3

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