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.