The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    760
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. SEAWRIGHT, OTIS, QUART, NIOU, GOTTFRIED, GALEF,
   L. ROSENTHAL, EPSTEIN, GRIFFIN  --  read  once  and  referred  to  the
   Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

 proposing  an amendment to article 1 of the constitution, in relation to
   equality of rights and protection against discrimination
 
   Section 1. Resolved (if the Senate concur),  That  article  1  of  the
 constitution be amended by adding a new section 19 to read as follows:
   §  19.  (A)  NO  PERSON SHALL BE DENIED EQUAL RIGHTS UNDER THE LAWS OF
 THIS STATE OR ANY SUBDIVISION  THEREOF  BASED  ON  THAT  PERSON'S  RACE,
 COLOR, ETHNICITY, NATIONAL ORIGIN, DISABILITY, OR SEX INCLUDING PREGNAN-
 CY  AND  PREGNANCY  OUTCOMES,  SEXUAL  ORIENTATION, GENDER IDENTITY, AND
 GENDER EXPRESSION.
   (B) NO GOVERNMENT ENTITY, NOR ANY ENTITY ACTING IN CONCERT WITH OR  ON
 BEHALF  OF  THE  GOVERNMENT,  NOR  ANY ENTITY IN ITS PROVISION OF PUBLIC
 ACCOMMODATIONS, EMPLOYMENT, OR PERSONNEL  PRACTICES  SHALL  DISCRIMINATE
 AGAINST  ANY  PERSON  IN EITHER INTENT OR EFFECT BASED ON THE CHARACTER-
 ISTICS LISTED IN SUBDIVISION (A) OF THIS SECTION.
   (C) NO GOVERNMENT ENTITY, NOR ANY ENTITY ACTING IN CONCERT WITH OR  ON
 BEHALF  OF  THE  GOVERNMENT,  NOR  ANY ENTITY IN THE PROVISION OF PUBLIC
 ACCOMMODATIONS, EMPLOYMENT, OR PERSONNEL  PRACTICES  SHALL  DISCRIMINATE
 AGAINST ANY PERSON BASED ON THAT PERSON'S RELIGION. IN INTERPRETING THIS
 SECTION,  THE  COURTS  SHALL  ANALYZE CLAIMS OF RELIGIOUS DISCRIMINATION
 UNDER THE SAME ANALYSIS AND STANDARDS APPLIED TO  CLAIMS  UNDER  SECTION
 THREE OF THIS ARTICLE.
   (D)  NOTHING  IN THIS SECTION SHALL INVALIDATE OR PREVENT THE ADOPTION
 OF ANY LAW, REGULATION, PROGRAM, OR PRACTICE THAT IS DESIGNED TO  REMEDY
 OR AMELIORATE DEMONSTRATED PAST DISCRIMINATION ON THE BASIS OF A CHARAC-
 TERISTIC LISTED IN THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD89009-01-1

 A. 760                              2
 
   (E)  THIS  SECTION SHALL BE SELF-EXECUTING. THE LEGISLATURE MAY EXPAND
 UPON THE ENTITLEMENT TO EQUAL RIGHTS  AND  FREEDOM  FROM  DISCRIMINATION
 HEREBY SECURED.
   §  2. Resolved (if the Senate concur), That the foregoing amendment be
 referred to the first regular legislative session  convening  after  the
 next  succeeding  general  election  of members of the assembly, and, in
 conformity with  section  1  of  article  19  of  the  constitution,  be
 published for three months previous to the time of such election.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  760--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. SEAWRIGHT, OTIS, QUART, NIOU, GOTTFRIED, GALEF,
   L. ROSENTHAL, EPSTEIN,  GRIFFIN,  ROZIC,  NOLAN,  ABINANTI,  BARNWELL,
   DINOWITZ,  THIELE,  ASHBY,  STERN,  ANDERSON,  FAHY, BARRON, JACOBSON,
   MEEKS,  O'DONNELL,  SIMON,  MAGNARELLI,  RAJKUMAR  --  read  once  and
   referred  to  the Committee on Judiciary -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing  an  amendment to section 11 of article 1 of the constitution,
   in relation to equal protection
 
   Section 1. Resolved (if the Senate concur), That section 11 of article
 1 of the constitution be amended to read as follows:
   § 11. A. No person shall be denied the equal protection of the laws of
 this state or any subdivision thereof. No person shall, because of race,
 color, ETHNICITY, NATIONAL  ORIGIN,  SEX,  INCLUDING  PREGNANCY,  SEXUAL
 ORIENTATION,  GENDER  IDENTITY OR EXPRESSION, DISABILITY, creed or reli-
 gion, be subjected to any discrimination in his  or  her  civil  rights,
 INCLUDING IN THE PROVISION OF PUBLIC OR PRIVATE HOUSING, PUBLIC ACCOMMO-
 DATIONS  AND  ENTERTAINMENT,  AND  PUBLIC  OR PRIVATE EMPLOYMENT, by any
 other person or by any firm, corporation,  or  institution,  or  by  the
 state or any agency or subdivision of the state.
   B.  DISCRIMINATION  WITH  RESPECT  TO  DISABILITY  OR  PREGNANCY SHALL
 INCLUDE THE FAILURE TO PROVIDE REASONABLE ACCOMMODATION TO AN  OTHERWISE
 QUALIFIED INDIVIDUAL.
   C.  NO  CHARACTERISTIC  LISTED  IN SUBDIVISION A OF THIS SECTION SHALL
 JUSTIFY DISCRIMINATION BASED ON A CHARACTERISTIC LISTED IN SUBDIVISION A
 OF THIS SECTION.
   D. NOTHING IN THIS SECTION SHALL INVALIDATE OR PREVENT THE ADOPTION OF
 ANY LAW THAT IS DESIGNED TO REMEDY OR AMELIORATE PAST DISCRIMINATION  ON
 THE BASIS OF A CHARACTERISTIC LISTED IN SUBDIVISION A OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD89009-03-1

 A. 760--A                           2
 
   E.  THIS  SECTION  IS INTENDED TO TAKE EFFECT WITHOUT THE NEED FOR ANY
 ADDITIONAL LEGISLATION. EXISTING LAWS OF THE STATE UPON THE ADOPTION  OF
 THIS SECTION THAT ARE NOT REPUGNANT TO THIS SECTION SHALL CONTINUE TO BE
 THE  LAW  OF  THIS STATE AND NEW LAWS MAY EXPAND UPON THE RIGHTS SECURED
 HEREIN.
   §  2. Resolved (if the Senate concur), That the foregoing amendment be
 referred to the first regular legislative session  convening  after  the
 next  succeeding  general  election  of members of the assembly, and, in
 conformity with  section  1  of  article  19  of  the  constitution,  be
 published for 3 months previous to the time of such election.