S T A T E O F N E W Y O R K
________________________________________________________________________
1503
2017-2018 Regular Sessions
I N S E N A T E
January 10, 2017
___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment 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
paragraph (b) of this subdivision shall alter or abridge the rights
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01237-01-7
S. 1503 2
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.