The New York State Senate

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

                                  8752

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            October 25, 2017
                               ___________

Introduced  by M. of A. ROZIC -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the executive law, in relation to establishing  unlawful
  discriminatory practices relating to models

  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:
  §  296-D. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO MODELS.  1. AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
  A. "CLIENT" MEANS A RETAIL STORE, A MANUFACTURER, A CLOTHING DESIGNER,
AN ADVERTISING AGENCY, A PHOTOGRAPHER, A PUBLISHING COMPANY OR ANY OTHER
SUCH PERSON OR ENTITY THAT RECEIVES MODELING SERVICES FROM A MODEL;
  B. "MODEL" MEANS AN INDIVIDUAL, REGARDLESS OF HIS OR HER STATUS AS  AN
INDEPENDENT CONTRACTOR OR EMPLOYEE, WHO PERFORMS MODELING SERVICES FOR A
CLIENT  OR CONSENTS IN WRITING TO THE TRANSFER OF HIS OR HER LEGAL RIGHT
TO THE USE OF HIS OR HER NAME, PORTRAIT, PICTURE OR IMAGE, FOR ADVERTIS-
ING PURPOSES OR FOR THE PURPOSES OF TRADE, DIRECTLY TO A CLIENT  OR  WHO
PROVIDES SHOWROOM OR FIT MODELING SERVICES;
  C.  "MODELING ENTITY" MEANS A MODELING AGENCY, MODEL MANAGEMENT COMPA-
NY, EMPLOYMENT AGENCY, AND/OR ANY PERSON OR ENTITY THAT: (1) IS  IN  THE
BUSINESS OF MANAGING ENTERTAINMENTS, EXHIBITIONS OR PERFORMANCES, OR THE
MODELS,  ARTISTS  OR  ATTRACTIONS  CONSTITUTING THE SAME; (2) WHO, FOR A
FEE, PROCURES OR ATTEMPTS TO PROCURE: (I) EMPLOYMENT OR ENGAGEMENTS  FOR
PERSONS  SEEKING  EMPLOYMENT  OR ENGAGEMENTS, OR (II) EMPLOYEES OR INDE-
PENDENT CONTRACTORS FOR EMPLOYERS OR ENTITIES SEEKING  THE  SERVICES  OF
EMPLOYEES  OR  INDEPENDENT  CONTRACTORS;  AND/OR  (3) RENDERS VOCATIONAL
GUIDANCE OR COUNSELLING SERVICES TO MODELS; AND
  D. "MODELING SERVICES" MEANS THE APPEARANCE BY A MODEL IN PHOTOGRAPHIC
SESSIONS OR THE ENGAGEMENT OF A MODEL IN RUNWAY, LIVE, FILMED, OR  TAPED

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

                                                           LBD13446-03-7

A. 8752                             2

PERFORMANCES  REQUIRING HIM OR HER TO POSE, PROVIDE AN EXAMPLE OR STAND-
ARD OF ARTISTIC EXPRESSION  OR  TO  BE  A  REPRESENTATION  TO  SHOW  THE
CONSTRUCTION  OR  APPEARANCE  OF  SOME  THING  OR  PLACE FOR PURPOSES OF
DISPLAY  OR  ADVERTISING.    MODELING  SERVICES  SHALL  ALSO INCLUDE THE
PROVISIONS OF SHOWROOM OR FIT MODELING SERVICES.
  2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE  FOR  A  CLIENT  OR
MODELING ENTITY TO:
  A. ENGAGE IN UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR
OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE TO A MODEL WHEN:
  (1) SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY
A TERM OR CONDITION OF A MODEL'S PROVISION OF MODELING SERVICES;
  (2)  SUBMISSION  TO  OR  REJECTION  OF SUCH CONDUCT BY A MODEL IS USED
EITHER EXPLICITLY OR IMPLICITLY AS THE BASIS  FOR  DECISIONS  CONCERNING
THE INDIVIDUAL'S PROVISION OF MODELING SERVICES; OR
  (3) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING
WITH  A MODEL'S PROVISION OF MODELING SERVICES BY CREATING AN INTIMIDAT-
ING, HOSTILE, OR OFFENSIVE ENVIRONMENT; OR
  B. SUBJECT A MODEL TO HARASSMENT BASED ON  AGE,  RACE,  CREED,  COLOR,
NATIONAL  ORIGIN,  SEXUAL ORIENTATION, MILITARY STATUS, SEX, DISABILITY,
PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS,  MARITAL  STATUS,
OR  DOMESTIC  VIOLENCE  VICTIM  STATUS,  WHERE  SUCH  HARASSMENT HAS THE
PURPOSE OR EFFECT  OF  UNREASONABLY  INTERFERING  WITH  AN  INDIVIDUAL'S
PROVISION  OF MODELING SERVICES BY CREATING AN INTIMIDATING, HOSTILE, OR
OFFENSIVE ENVIRONMENT.
  3. A. EACH CLIENT AND MODELING ENTITY SHALL  POST,  IN  A  CONSPICUOUS
PLACE  AT THEIR PLACE OF BUSINESS AND/OR AT THE SITE OF EACH JOB ASSIGN-
MENT, NOTICES TO THE MODELS HIRED, TO BE PREPARED  OR  APPROVED  BY  THE
DIVISION,  SETTING  FORTH  EXCERPTS FROM, OR SUMMARIES OF, THE PERTINENT
PROVISIONS OF THIS SECTION AND INFORMATION RELATED TO FILING A COMPLAINT
UNDER THIS ARTICLE INCLUDING PRO  BONO  AND/OR  LEGAL  SERVICES  CONTACT
INFORMATION.
  B.  EACH  CLIENT  SHALL  PROVIDE  TO  EACH  MODEL  PROVIDING  MODELING
SERVICES, IN WRITING OR ELECTRONICALLY, THE NAMES AND/OR OFFICES, AND  A
RELIABLE  MEANS  OF  CONTACTING  SUCH  INDIVIDUALS OR OFFICES, TO WHOM A
COMPLAINT UNDER THIS ARTICLE MAY BE MADE.
  C. AT THE INITIAL EXECUTION OF THE CONTRACT BETWEEN THE MODELING ENTI-
TY AND THE MODEL,  THE  MODEL  SHALL  BE  INFORMED  IN  WRITING  OF  THE
PROVISIONS  OF  THIS  ARTICLE  INCLUDING  THE  PROCEDURE  FOR  FILING  A
COMPLAINT. THE MODEL SHALL DEMONSTRATE HIS OR HER UNDERSTANDING  OF  THE
PROVISIONS  OF  THIS ARTICLE AND THAT SUCH INFORMATION HAS BEEN PROVIDED
TO HIM OR HER BY SIGNING A FORM, TO BE PREPARED OR APPROVED BY THE DIVI-
SION, TO THAT EFFECT.
  4. NOTHING IN THIS SECTION SHALL BE CONSTRUED OR INTERPRETED TO  LIMIT
THE RIGHTS OF MODELS PROVIDED UNDER THIS CHAPTER OR ANY OTHER PROVISIONS
OF LAW.
  §  2. Subdivision 4 of section 292 of the executive law, as amended by
chapter 97 of the laws of 2014, is amended to read as follows:
  4. The term "unlawful discriminatory  practice"  includes  only  those
practices  specified  in  sections  two  hundred ninety-six, two hundred
ninety-six-a  [and],  two   hundred   ninety-six-c   AND   TWO   HUNDRED
NINETY-SIX-D of this article.
  §  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.