NY State Assembly Bill A8201A

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 22, 2014	signed chap.97
Jul 11, 2014	delivered to governor
Jun 18, 2014	returned to assembly passed senate 3rd reading cal.1093 substituted for s5951a
Jun 16, 2014	referred to rules delivered to senate passed assembly ordered to third reading rules cal.271 rules report cal.271 reported
Jun 12, 2014	reported referred to rules
Feb 11, 2014	reported referred to codes
Feb 05, 2014	print number 8201a
Feb 05, 2014	amend and recommit to governmental operations
Jan 08, 2014	referred to governmental operations
Oct 24, 2013	referred to governmental operations

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

Multi-Sponsors

A8201 - Details

See Senate Version of this Bill:: S5951
Law Section:: Executive Law
Laws Affected:: Add §296-c, amd §292, Exec L

A8201 - Summary

Provides certain civil rights protections for interns.

A8201 - Bill Text download pdf

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

                                  8201

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            October 24, 2013
                               ___________

Introduced by M. of A. O'DONNELL, SEPULVEDA -- read once and referred to
  the Committee on Governmental Operations

AN  ACT  to  amend  the  executive law, in relation to providing certain
  civil rights protections for interns

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

  Section  1. The executive law is amended by adding a new section 296-c
to read as follows:
  S 296-C. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO INTERNS. 1.  AS
USED IN THIS SECTION:
  A. "INTERN" MEANS A PERSON WHO PERFORMS WORK FOR AN EMPLOYER  FOR  THE
PURPOSE OF TRAINING UNDER THE FOLLOWING CIRCUMSTANCES:
  (1)  THE  EMPLOYER  IS NOT COMMITTED TO HIRE THE PERSON PERFORMING THE
WORK AT THE CONCLUSION OF THE TRAINING PERIOD;
  (2) THE EMPLOYER AND THE PERSON PERFORMING THE WORK AGREE  IN  WRITING
THAT  THE  PERSON  PERFORMING  THE WORK IS NOT ENTITLED TO WAGES FOR THE
WORK PERFORMED; AND
  (3) THE WORK PERFORMED:
  (A) SUPPLEMENTS TRAINING GIVEN IN AN EDUCATIONAL ENVIRONMENT THAT  MAY
ENHANCE THE EMPLOYABILITY OF THE INTERN;
  (B)  PROVIDES  EXPERIENCE FOR THE BENEFIT OF THE PERSON PERFORMING THE
WORK;
  (C) DOES NOT DISPLACE REGULAR EMPLOYEES;
  (D) IS PERFORMED UNDER THE CLOSE SUPERVISION OF EXISTING STAFF; AND
  (E) PROVIDES NO IMMEDIATE ADVANTAGE  TO  THE  EMPLOYER  PROVIDING  THE
TRAINING AND MAY OCCASIONALLY IMPEDE THE OPERATIONS OF THE EMPLOYER.
  B. "EMPLOYER" MEANS ANY PERSON WHO, IN THIS STATE, PROVIDES AN INTERN-
SHIP  POSITION  OR  IS  IN  AN EMPLOYMENT RELATIONSHIP WITH AN INTERN AS
DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION.
  2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11709-02-3

A. 8201                             2

  A. REFUSE TO HIRE OR EMPLOY OR TO BAR OR TO DISCHARGE FROM  EMPLOYMENT
AN  INTERN  OR  TO DISCRIMINATE AGAINST SUCH INDIVIDUAL IN TERMS, CONDI-
TIONS OR PRIVILEGES OF EMPLOYMENT BECAUSE OF  THE  INTERN'S  AGE,  RACE,
CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX,
DISABILITY,  RELIGION,  PREDISPOSING  GENETIC  CHARACTERISTICS,  MARITAL
STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS;
  B. DISCRIMINATE AGAINST AN INTERN IN RECEIVING, CLASSIFYING, DISPOSING
OR OTHERWISE ACTING UPON APPLICATIONS FOR  INTERNSHIPS  BECAUSE  OF  THE
INDIVIDUAL'S  AGE,  RACE,  CREED,  COLOR, NATIONAL ORIGIN, SEXUAL ORIEN-
TATION, MILITARY STATUS, SEX, DISABILITY, RELIGION, PREDISPOSING GENETIC
CHARACTERISTICS, MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS;
  C. PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR CIRCULATED ANY  STATE-
MENT,  ADVERTISEMENT  OR  PUBLICATION, OR TO USE ANY FORM OF APPLICATION
FOR EMPLOYMENT AS AN INTERN OR TO MAKE ANY INQUIRY  IN  CONNECTION  WITH
PROSPECTIVE  EMPLOYMENT,  WHICH  EXPRESSES  DIRECTLY  OR INDIRECTLY, ANY
LIMITATION, SPECIFICATION OR DISCRIMINATION  AS  TO  AGE,  RACE,  CREED,
COLOR,  NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX, DISA-
BILITY, RELIGION, PREDISPOSING GENETIC CHARACTERISTICS,  MARITAL  STATUS
OR DOMESTIC VIOLENCE VICTIM STATUS, OR ANY INTENT TO MAKE ANY SUCH LIMI-
TATION,  SPECIFICATION  OR DISCRIMINATION, UNLESS BASED UPON A BONA FIDE
OCCUPATIONAL QUALIFICATION; PROVIDED, HOWEVER, THAT NEITHER  THIS  PARA-
GRAPH  NOR ANY PROVISION OF THIS CHAPTER OR OTHER LAW SHALL BE CONSTRUED
TO PROHIBIT THE DEPARTMENT OF CIVIL SERVICE OR THE DEPARTMENT OF PERSON-
NEL OF ANY CITY CONTAINING MORE THAN ONE COUNTY FROM REQUESTING INFORMA-
TION FROM APPLICANTS  FOR  CIVIL  SERVICE  INTERNSHIPS  OR  EXAMINATIONS
CONCERNING  ANY OF THE AFOREMENTIONED CHARACTERISTICS, OTHER THAN SEXUAL
ORIENTATION, FOR THE PURPOSE  OF  CONDUCTING  STUDIES  TO  IDENTIFY  AND
RESOLVE  POSSIBLE  PROBLEMS  IN  RECRUITMENT  AND  TESTING OF MEMBERS OF
MINORITY GROUPS TO INSURE THE FAIREST POSSIBLE AND  EQUAL  OPPORTUNITIES
FOR  EMPLOYMENT IN THE CIVIL SERVICE FOR ALL PERSONS, REGARDLESS OF AGE,
RACE,  CREED,  COLOR,  NATIONAL  ORIGIN,  SEXUAL  ORIENTATION,  MILITARY
STATUS, SEX, DISABILITY, RELIGION, PREDISPOSING GENETIC CHARACTERISTICS,
MARITAL STATUS OR DOMESTIC VIOLENCE VICTIM STATUS;
  D.  TO  DISCHARGE,  EXPEL OR OTHERWISE DISCRIMINATE AGAINST ANY PERSON
BECAUSE HE OR SHE HAS OPPOSED ANY PRACTICES FORBIDDEN UNDER THIS ARTICLE
OR BECAUSE HE OR SHE HAS FILED A COMPLAINT, TESTIFIED OR ASSISTED IN ANY
PROCEEDING UNDER THIS ARTICLE; OR
  E. TO COMPEL AN INTERN WHO IS PREGNANT TO TAKE  A  LEAVE  OF  ABSENCE,
UNLESS  THE  INTERN  IS  PREVENTED BY SUCH PREGNANCY FROM PERFORMING THE
ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION IN A REASONABLE MANNER.
  3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO:
  A. ENGAGE IN UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR
OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE TO AN INTERN WHEN:
  (1) SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY
A TERM OR CONDITION OF THE INTERN'S EMPLOYMENT;
  (2) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY THE INTERN  IS  USED
AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
  (3) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING
WITH THE INTERN'S WORK PERFORMANCE BY CREATING AN INTIMIDATING, HOSTILE,
OR OFFENSIVE WORKING ENVIRONMENT; OR
  B.  SUBJECT AN INTERN TO UNWELCOME HARASSMENT BASED ON AGE, SEX, RACE,
CREED, COLOR, SEXUAL ORIENTATION, MILITARY STATUS,  DISABILITY,  PREDIS-
POSING GENETIC CHARACTERISTICS, MARITAL STATUS, DOMESTIC VIOLENCE VICTIM
STATUS,  RELIGION  OR  NATIONAL  ORIGIN,  WHERE  SUCH HARASSMENT HAS THE
PURPOSE OR EFFECT OF UNREASONABLY INTERFERING  WITH  THE  INTERN'S  WORK

A. 8201                             3

PERFORMANCE  BY  CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING
ENVIRONMENT.
  4.  NOTHING  IN  THIS  SECTION  SHALL AFFECT ANY RESTRICTIONS UPON THE
ACTIVITIES OF PERSONS  LICENSED  BY  THE  STATE  LIQUOR  AUTHORITY  WITH
RESPECT TO PERSONS UNDER TWENTY-ONE YEARS OF AGE.
  5.  NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL CREATE AN EMPLOY-
MENT RELATIONSHIP BETWEEN AN EMPLOYER AND AN INTERN FOR THE PURPOSES  OF
ARTICLES SIX, SEVEN, EIGHTEEN OR NINETEEN OF THE LABOR LAW.
  S 2. This act shall take effect immediately.

Co-Sponsors

Multi-Sponsors

A8201A (ACTIVE) - Details

See Senate Version of this Bill:: S5951
Law Section:: Executive Law
Laws Affected:: Add §296-c, amd §292, Exec L

A8201A (ACTIVE) - Summary

Provides certain civil rights protections for interns.

A8201A (ACTIVE) - Bill Text download pdf

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

                                 8201--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            October 24, 2013
                               ___________

Introduced  by  M.  of  A. O'DONNELL, SEPULVEDA, ENGLEBRIGHT, BENEDETTO,
  JAFFEE, MOSLEY, SKOUFIS, KEARNS,  DUPREY,  MONTESANO,  GRAF,  RAIA  --
  Multi-Sponsored  by -- M. of A. ABBATE, BARCLAY, GLICK, McDONOUGH, RA,
  SWEENEY, WEISENBERG -- read once and  referred  to  the  Committee  on
  Governmental  Operations  --  recommitted  to the Committee on Govern-
  mental 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 executive law,  in  relation  to  providing  certain
  civil rights protections for interns

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

  Section 1. The executive law is amended by adding a new section  296-c
to read as follows:
  S  296-C. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO INTERNS. 1. AS
USED IN THIS SECTION, "INTERN" MEANS A PERSON WHO PERFORMS WORK  FOR  AN
EMPLOYER FOR THE PURPOSE OF TRAINING UNDER THE FOLLOWING CIRCUMSTANCES:
  A.  THE  EMPLOYER  IS  NOT COMMITTED TO HIRE THE PERSON PERFORMING THE
WORK AT THE CONCLUSION OF THE TRAINING PERIOD;
  B. THE EMPLOYER AND THE PERSON PERFORMING  THE  WORK  AGREE  THAT  THE
PERSON  PERFORMING  THE  WORK  IS  NOT  ENTITLED  TO  WAGES FOR THE WORK
PERFORMED; AND
  C. THE WORK PERFORMED:
  (1) PROVIDES OR SUPPLEMENTS TRAINING THAT MAY ENHANCE THE EMPLOYABILI-
TY OF THE INTERN;
  (2) PROVIDES EXPERIENCE FOR THE BENEFIT OF THE PERSON  PERFORMING  THE
WORK;
  (3) DOES NOT DISPLACE REGULAR EMPLOYEES; AND
  (4) IS PERFORMED UNDER THE CLOSE SUPERVISION OF EXISTING STAFF.
  2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11709-05-4

A. 8201--A                          2

  A.  REFUSE TO HIRE OR EMPLOY OR TO BAR OR TO DISCHARGE FROM INTERNSHIP
AN INTERN OR TO DISCRIMINATE AGAINST SUCH INTERN IN TERMS, CONDITIONS OR
PRIVILEGES OF EMPLOYMENT AS AN INTERN BECAUSE OF THE INTERN'S AGE, RACE,
CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX,
DISABILITY,  PREDISPOSING  GENETIC  CHARACTERISTICS,  MARITAL STATUS, OR
DOMESTIC VIOLENCE VICTIM STATUS;
  B. DISCRIMINATE AGAINST AN INTERN IN RECEIVING, CLASSIFYING, DISPOSING
OR OTHERWISE ACTING UPON APPLICATIONS FOR  INTERNSHIPS  BECAUSE  OF  THE
INTERN'S  AGE,  RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION,
MILITARY STATUS, SEX, DISABILITY, PREDISPOSING GENETIC  CHARACTERISTICS,
MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS;
  C.  PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR CIRCULATED ANY STATE-
MENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY  FORM  OF  APPLICATION
FOR  EMPLOYMENT  AS  AN INTERN OR TO MAKE ANY INQUIRY IN CONNECTION WITH
PROSPECTIVE EMPLOYMENT, WHICH  EXPRESSES  DIRECTLY  OR  INDIRECTLY,  ANY
LIMITATION,  SPECIFICATION  OR  DISCRIMINATION  AS  TO AGE, RACE, CREED,
COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX,  DISA-
BILITY, PREDISPOSING GENETIC CHARACTERISTICS, MARITAL STATUS OR DOMESTIC
VIOLENCE VICTIM STATUS, OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPEC-
IFICATION  OR DISCRIMINATION, UNLESS BASED UPON A BONA FIDE OCCUPATIONAL
QUALIFICATION; PROVIDED, HOWEVER, THAT NEITHER THIS  PARAGRAPH  NOR  ANY
PROVISION  OF  THIS  CHAPTER OR OTHER LAW SHALL BE CONSTRUED TO PROHIBIT
THE DEPARTMENT OF CIVIL SERVICE OR THE DEPARTMENT OF  PERSONNEL  OF  ANY
CITY  CONTAINING  MORE  THAN ONE COUNTY FROM REQUESTING INFORMATION FROM
APPLICANTS FOR CIVIL SERVICE INTERNSHIPS OR EXAMINATIONS CONCERNING  ANY
OF  THE  AFOREMENTIONED  CHARACTERISTICS, OTHER THAN SEXUAL ORIENTATION,
FOR THE PURPOSE OF CONDUCTING STUDIES TO IDENTIFY AND  RESOLVE  POSSIBLE
PROBLEMS  IN  RECRUITMENT  AND  TESTING OF MEMBERS OF MINORITY GROUPS TO
INSURE THE FAIREST POSSIBLE AND EQUAL OPPORTUNITIES  FOR  EMPLOYMENT  IN
THE  CIVIL  SERVICE  FOR  ALL  PERSONS,  REGARDLESS OF AGE, RACE, CREED,
COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX,  DISA-
BILITY, PREDISPOSING GENETIC CHARACTERISTICS, MARITAL STATUS OR DOMESTIC
VIOLENCE VICTIM STATUS;
  D.  TO  DISCHARGE,  EXPEL OR OTHERWISE DISCRIMINATE AGAINST ANY PERSON
BECAUSE HE OR SHE HAS OPPOSED ANY PRACTICES FORBIDDEN UNDER THIS ARTICLE
OR BECAUSE HE OR SHE HAS FILED A COMPLAINT, TESTIFIED OR ASSISTED IN ANY
PROCEEDING UNDER THIS ARTICLE; OR
  E. TO COMPEL AN INTERN WHO IS PREGNANT TO TAKE  A  LEAVE  OF  ABSENCE,
UNLESS  THE  INTERN  IS  PREVENTED BY SUCH PREGNANCY FROM PERFORMING THE
ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION IN A REASONABLE MANNER.
  3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO:
  A. ENGAGE IN UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR
OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE TO AN INTERN WHEN:
  (1) SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY
A TERM OR CONDITION OF THE INTERN'S EMPLOYMENT;
  (2) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY THE INTERN  IS  USED
AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INTERN; OR
  (3) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING
WITH THE INTERN'S WORK PERFORMANCE BY CREATING AN INTIMIDATING, HOSTILE,
OR OFFENSIVE WORKING ENVIRONMENT; OR
  B.  SUBJECT AN INTERN TO UNWELCOME HARASSMENT BASED ON AGE, SEX, RACE,
CREED, COLOR, SEXUAL ORIENTATION, MILITARY STATUS,  DISABILITY,  PREDIS-
POSING GENETIC CHARACTERISTICS, MARITAL STATUS, DOMESTIC VIOLENCE VICTIM
STATUS,  OR  NATIONAL  ORIGIN,  WHERE SUCH HARASSMENT HAS THE PURPOSE OR
EFFECT OF UNREASONABLY INTERFERING WITH THE INTERN'S WORK PERFORMANCE BY
CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.

A. 8201--A                          3

  4. NOTHING IN THIS SECTION SHALL  AFFECT  ANY  RESTRICTIONS  UPON  THE
ACTIVITIES  OF  PERSONS  LICENSED  BY  THE  STATE  LIQUOR AUTHORITY WITH
RESPECT TO PERSONS UNDER TWENTY-ONE YEARS OF AGE.
  5.  NOTHING  IN  THIS  SECTION SHALL CREATE AN EMPLOYMENT RELATIONSHIP
BETWEEN AN EMPLOYER AND AN INTERN FOR  THE  PURPOSES  OF  ARTICLES  SIX,
SEVEN, EIGHTEEN OR NINETEEN OF THE LABOR LAW.
  S  2. Subdivision 4 of section 292 of the executive law, as amended by
chapter 173 of the laws of 1974, is amended to read as follows:
  4. The term "unlawful discriminatory  practice"  includes  only  those
practices  specified  in  sections  two  hundred  ninety-six  [and], two
hundred ninety-six-a AND TWO HUNDRED NINETY-SIX-C of this article.
  S 3. This act shall take effect immediately.

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The New York State Senate

assembly Bill A8201A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 18, 2014 - floor Vote

Floor Vote: Jun 18, 2014

Bill Amendments

Co-Sponsors

Multi-Sponsors

A8201 - Details

A8201 - Summary

A8201 - Bill Text download pdf

Co-Sponsors

Multi-Sponsors

A8201A (ACTIVE) - Details

A8201A (ACTIVE) - Summary

A8201A (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A8201A

Share this bill

Sponsored By

O'DONNELL

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 18, 2014 - floor Vote

Floor Vote: Jun 18, 2014

Bill Amendments

Co-Sponsors

Luis R. Sepúlveda

Steven Englebright

Michael Benedetto

Ellen C. Jaffee

Walter T. Mosley

James Skoufis

Mickey Kearns

Janet Duprey

Michael Montesano

Al Graf

Andrew Raia

Multi-Sponsors

Peter Abbate

William A. Barclay

Deborah Glick

David McDonough

Edward Ra

Robert Sweeney

Harvey Weisenberg

A8201 - Details

A8201 - Summary

A8201 - Bill Text download pdf

Co-Sponsors

Luis R. Sepúlveda

Steven Englebright

Michael Benedetto

Ellen C. Jaffee

Walter T. Mosley

James Skoufis

Mickey Kearns

Janet Duprey

Michael Montesano

Al Graf

Andrew Raia

William Colton

Steven Otis

Kenneth Zebrowski

Crystal Peoples-Stokes

Aileen Gunther

William Scarborough

Shelley Mayer

Jeffrey Dinowitz

Harry B. Bronson

Kevin Cahill

Richard Gottfried

Andrew Goodell

Phil Steck

Joan Millman

Jane Corwin

Joseph Borelli

Alec Brook-Krasny

Michelle Schimel

Barbara Lifton

Keith L.T. Wright

Felix Ortiz

Multi-Sponsors

Peter Abbate

William A. Barclay

James F. Brennan

Karim Camara

John Ceretto

Vivian Cook

Clifford Crouch

Maritza Davila

Michael DenDekker

Herman D. Farrell

Joseph Giglio

Deborah Glick