The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1851--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Governmental Operations -- recommitted to  the  Committee
   on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee

 AN  ACT to amend the executive law, in relation to prohibiting discrimi-
   nation against a person based upon weight
 
   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-e
 to read as follows:
   § 296-E. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO THE  WEIGHT  OF
 AN INDIVIDUAL. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE:
   1.  FOR  AN  EMPLOYER  OR LICENSING AGENCY, BECAUSE OF AN INDIVIDUAL'S
 WEIGHT, TO REFUSE TO HIRE OR EMPLOY OR  TO  BAR  OR  TO  DISCHARGE  FROM
 EMPLOYMENT SUCH INDIVIDUAL OR TO DISCRIMINATE AGAINST SUCH INDIVIDUAL IN
 COMPENSATION OR IN TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT.
   2.  FOR  AN  EMPLOYMENT  AGENCY TO DISCRIMINATE AGAINST ANY INDIVIDUAL
 BECAUSE OF WEIGHT IN  RECEIVING,  CLASSIFYING,  DISPOSING  OR  OTHERWISE
 ACTING  UPON  APPLICATIONS FOR ITS SERVICES OR IN REFERRING AN APPLICANT
 OR APPLICANTS TO AN EMPLOYER OR EMPLOYERS.
   3. FOR A LABOR ORGANIZATION, BECAUSE OF THE WEIGHT OF ANY  INDIVIDUAL,
 TO  EXCLUDE  OR  TO  EXPEL  FROM  ITS  MEMBERSHIP  SUCH INDIVIDUAL OR TO
 DISCRIMINATE IN ANY WAY AGAINST  ANY  OF  ITS  MEMBERS  OR  AGAINST  ANY
 EMPLOYER OR ANY INDIVIDUAL EMPLOYED BY AN EMPLOYER.
   4.  FOR  ANY  EMPLOYER  OR  EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR
 CAUSE TO BE PRINTED OR CIRCULATED ANY STATEMENT, ADVERTISEMENT OR PUBLI-
 CATION, OR TO USE ANY FORM OF APPLICATION FOR EMPLOYMENT OR TO MAKE  ANY
 INQUIRY  IN  CONNECTION  WITH  PROSPECTIVE  EMPLOYMENT,  WHICH EXPRESSES
 DIRECTLY OR INDIRECTLY, ANY LIMITATION, SPECIFICATION OR  DISCRIMINATION
 AS  TO  WEIGHT, OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00682-02-2

 A. 1851--A                          2
 
 OR DISCRIMINATION, UNLESS BASED UPON A BONA FIDE OCCUPATIONAL QUALIFICA-
 TION.
   5.  FOR  ANY  PERSON,  BEING  THE  OWNER, LESSEE, PROPRIETOR, MANAGER,
 SUPERINTENDENT, AGENT OR EMPLOYEE OF ANY PLACE OF PUBLIC  ACCOMMODATION,
 RESORT  OR  AMUSEMENT,  BECAUSE OF THE WEIGHT OF ANY PERSON, DIRECTLY OR
 INDIRECTLY, TO REFUSE, WITHHOLD FROM OR DENY TO SUCH PERSON ANY  OF  THE
 ACCOMMODATIONS,  ADVANTAGES, FACILITIES OR PRIVILEGES THEREOF; PROVIDED,
 HOWEVER, THAT IT SHALL NOT BE AN  UNLAWFUL  DISCRIMINATORY  PRACTICE  TO
 ADHERE  TO ANY WEIGHT RESTRICTIONS WHERE ANY DEVIATION MAY POSE A THREAT
 TO THE INDIVIDUAL, OTHER PATRONS, OR THE GENERAL PUBLIC.
   § 2. This act shall take effect immediately.