S T A T E O F N E W Y O R K
________________________________________________________________________
8846
2019-2020 Regular Sessions
I N A S S E M B L Y
December 18, 2019
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to defining "employer" in
the human rights law to include the state and all political subdivi-
sions thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 292 of the executive law, as
amended by chapter 363 of the laws of 2015, is amended to read as
follows:
5. The term "employer" does not include any employer with fewer than
four persons in his or her employ except as set forth in section two
hundred ninety-six-b of this article, provided, however, that in the
case of an action for discrimination based on sex pursuant to subdivi-
sion one of section two hundred ninety-six of this article, with respect
to sexual harassment only, the term "employer" shall include all employ-
ers within the state INCLUDING THE STATE AND ALL POLITICAL SUBDIVISIONS
THEREOF AND ALL EMPLOYEES WHOSE COMPENSATION IS PAID FROM STATE FUNDS.
§ 2. Subdivision 5 of section 292 of the executive law, as amended by
chapter 161 of the laws of 2019, is amended to read as follows:
5. The term "employer" shall include all employers within the state
INCLUDING THE STATE AND ALL POLITICAL SUBDIVISIONS THEREOF.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that if chapter 161 of the laws of
2019 shall not have taken effect on or before such date then section two
of this act shall take effect on the same date and in the same manner as
such chapter of the laws of 2019 takes effect. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.