Senate Bill S4037

Signed By Governor
2019-2020 Legislative Session

Prohibits discrimination against religious attire

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A4204 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S4037 (ACTIVE) - Details

See Assembly Version of this Bill:
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6170
2013-2014: A864
2015-2016: S6867, A2049
2017-2018: S1503, A4977

2019-S4037 (ACTIVE) - Summary

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

2019-S4037 (ACTIVE) - Sponsor Memo

2019-S4037 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2019-2020 Regular Sessions
                             I N  S E N A T E
                             February 26, 2019
 Introduced  by  Sen.  LIU  --  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
   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
 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.


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