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Assembly Bill A4977

2017-2018 Legislative Session

Prohibits discrimination against religious attire

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

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2017-A4977 (ACTIVE) - Details

See Senate Version of this Bill:
S1503
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
2013-2014: A864
2015-2016: A2049, S6867
2019-2020: A4204, S4037

2017-A4977 (ACTIVE) - Summary

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

2017-A4977 (ACTIVE) - Bill Text download pdf 

                            
 
                     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.

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