The New York State Senate

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

                                 2049--A
                                                         Cal. No. 97

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of  A.  WEPRIN,  CAHILL, PAULIN, SCHIMEL, SEPULVEDA,
  RAMOS, MILLER, QUART, AUBRY -- Multi-Sponsored by -- M. of A.  ABBATE,
  BRAUNSTEIN,  BRENNAN,  COLTON,  COOK,  DAVILA, HIKIND, HOOPER, LAVINE,
  LUPINACCI, MOSLEY, ORTIZ, PERRY, RIVERA, SALADINO, SOLAGES,  WEINSTEIN
  --  read once and referred to the Committee on Governmental Operations
  -- ordered to a third reading -- passed by Assembly and  delivered  to
  the Senate, recalled from the Senate, vote reconsidered, bill amended,
  ordered  reprinted,  retaining its place on the special order of third
  reading

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

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

                                                           LBD07448-02-6

A. 2049--A                          2

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 on the sixtieth  day  after  it  shall
have become a law.