Assembly Bill A864A

2013-2014 Legislative Session

Prohibits discrimination against religious attire

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A864 - Details

See Senate Version of this Bill:
S5828
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6170
2015-2016: A2049, S3263
2017-2018: A4977, S4507
2019-2020: A4204, S1970

2013-A864 - Summary

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

2013-A864 - Bill Text download pdf

                            
                    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.
              

co-Sponsors

multi-Sponsors

2013-A864A (ACTIVE) - Details

See Senate Version of this Bill:
S5828
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6170
2015-2016: A2049, S3263
2017-2018: A4977, S4507
2019-2020: A4204, S1970

2013-A864A (ACTIVE) - Summary

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

2013-A864A (ACTIVE) - Bill Text download pdf

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

                                 864--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. WEPRIN, SCARBOROUGH, CAHILL, PAULIN, SCHIMEL --
  Multi-Sponsored by -- M. of A. ABBATE, BARRON, BRENNAN, COLTON,  COOK,
  GABRYSZAK,  GIBSON,  HIKIND,  HOOPER,  LAVINE,  MILLER, MOSLEY, ORTIZ,
  PERRY, RIVERA, ROBERTS, ROBINSON, SALADINO, SOLAGES, STEVENSON,  WEIS-
  ENBERG  --  read  once  and  referred to the Committee on Governmental
  Operations -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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

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

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