The New York State Senate

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

                                  4977

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

Introduced  by  M.  of  A.  WEPRIN,  CAHILL,  PAULIN,  SEPULVEDA, RAMOS,
  M. G. MILLER, QUART, AUBRY -- Multi-Sponsored by -- M. of  A.  ABBATE,
  BRAUNSTEIN,  COLTON,  COOK, DAVILA, HIKIND, HOOPER, LAVINE, LUPINACCI,
  MOSLEY, ORTIZ, PERRY, RIVERA, SOLAGES,  WEINSTEIN  --  read  once  and
  referred to the Committee on Governmental Operations

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
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

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

                                                           LBD01237-01-7

A. 4977                             2

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.
  §  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.