S T A T E O F N E W Y O R K
________________________________________________________________________
4129
2015-2016 Regular Sessions
I N A S S E M B L Y
January 29, 2015
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Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to unlawful discriminato-
ry practices by government agencies relating to persons with attention
deficit disorders
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-d
to read as follows:
S 296-D. UNLAWFUL DISCRIMINATORY PRACTICES BY GOVERNMENT AGENCIES
RELATING TO PERSONS WITH ATTENTION DEFICIT DISORDERS. 1. FOR THE
PURPOSES OF THIS SECTION:
(A) "GOVERNMENT AGENCY" SHALL MEAN ANY DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION, OFFICE, AGENCY, CORRECTIONAL FACILITY, AUTHORITY OR
PUBLIC CORPORATION OF THE STATE OR A COUNTY, CITY, TOWN OR VILLAGE
GOVERNMENT OR ANY OTHER INSTRUMENTALITY OF LOCAL GOVERNMENT OR PUBLIC
EDUCATIONAL INSTITUTION.
(B) "ATTENTION DEFICIT DISORDERS" SHALL MEAN AND INCLUDE ATTENTION
DEFICIT DISORDER AND ATTENTION DEFICIT HYPERACTIVITY DISORDER.
2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR A GOVERNMENT
AGENCY EMPLOYER TO DENY EMPLOYMENT TO A PROSPECTIVE EMPLOYEE SOLELY ON
THE BASIS THAT SUCH PROSPECTIVE EMPLOYEE HAS PREVIOUSLY BEEN DIAGNOSED
AS HAVING AN ATTENTION DEFICIT DISORDER AND HAS BEEN TREATED FOR SUCH
DISORDER WITH PSYCHO-STIMULANTS, SELECTIVE SEROTONIN REUPTAKE INHIBI-
TORS, ANTIDEPRESSANTS AND/OR OTHER DRUGS PRESCRIBED FOR SUCH DISORDERS,
PROVIDED THAT SUCH PERSON HAS NOT TAKEN SUCH MEDICATION FOR A PERIOD OF
ONE YEAR PRIOR TO THE START DATE OF SUCH EMPLOYMENT.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07994-01-5