S T A T E O F N E W Y O R K
________________________________________________________________________
1197
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
___________
Introduced by M. of A. CORWIN, KOLB, OAKS, MALLIOTAKIS, KEARNS, SIMANOW-
ITZ, O'DONNELL -- Multi-Sponsored by -- M. of A. BARCLAY, BORELLI,
CERETTO, CROUCH, DiPIETRO, DUPREY, FINCH, GIGLIO, GOODELL, GUNTHER,
HAWLEY, JOHNS, LUPINACCI, McDONOUGH, McKEVITT, McLAUGHLIN, MONTESANO,
PALMESANO, PALUMBO, RA, RAIA, SKARTADOS, STEC, TEDISCO, WALTER -- read
once and referred to the Committee on Governmental Operations
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 sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04591-01-5