S T A T E O F N E W Y O R K
________________________________________________________________________
2975
2021-2022 Regular Sessions
I N S E N A T E
January 26, 2021
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Introduced by Sen. HARCKHAM -- 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 unlawful discriminato-
ry practices by government agencies relating to persons recovering
from alcohol and/or substance abuse
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 BY GOVERNMENT AGENCIES
RELATING TO PERSONS RECOVERING FROM ALCOHOL AND/OR SUBSTANCE ABUSE. 1.
FOR THE PURPOSES OF THIS SECTION:
(A) "GOVERNMENT AGENCY" SHALL MEAN ANY DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION, OFFICE, AGENCY, CORRECTIONAL FACILITY, AUTHORITY OR
PUBLIC CORPORATION OF THE STATE OR A COUNTY, CITY, TOWN OR VILLAGE
GOVERNMENT OR ANY OTHER INSTRUMENTALITY OF LOCAL GOVERNMENT OR PUBLIC
EDUCATIONAL INSTITUTION.
(B) "ALCOHOL ABUSE" AND/OR "SUBSTANCE ABUSE" SHALL HAVE THE SAME MEAN-
INGS AS SET FORTH IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR A GOVERNMENT
AGENCY EMPLOYER TO DENY EMPLOYMENT TO A PROSPECTIVE EMPLOYEE SOLELY ON
THE BASIS THAT SUCH PROSPECTIVE EMPLOYEE IS RECOVERING FROM ALCOHOL
AND/OR SUBSTANCE ABUSE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03870-01-1