NY State Senate Bill S5063

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2022	referred to governmental operations delivered to assembly passed senate
Feb 03, 2022	advanced to third reading
Feb 02, 2022	2nd report cal.
Feb 01, 2022	1st report cal.388
Jan 05, 2022	referred to investigations and government operations returned to senate died in assembly
May 12, 2021	referred to governmental operations delivered to assembly passed senate
Mar 03, 2021	advanced to third reading
Mar 02, 2021	2nd report cal.
Mar 01, 2021	1st report cal.474
Feb 23, 2021	referred to investigations and government operations

Votes

view votes

Mar 8, 2022 - floor Vote

S5063

floor

Aye

Nay

Absent

Excused

Abstained

Feb 1, 2022 - Investigations and Government Operations committee Vote

S5063

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Feb 1, 2022

aye (6)

aye wr (1)

O'Mara

May 12, 2021 - floor Vote

S5063

floor

Aye

Nay

Absent

Excused

Abstained

Mar 1, 2021 - Investigations and Government Operations committee Vote

S5063

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Mar 1, 2021

aye (5)

nay (1)

O'Mara

aye wr (1)

Palumbo

Co-Sponsors

S5063 (ACTIVE) - Details

See Assembly Version of this Bill:: A10405
Law Section:: Executive Law
Laws Affected:: Amd §§292 & 296, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S5465, A3188

S5063 (ACTIVE) - Summary

Prohibits employers from discriminating against individuals based on such individual's status as a caregiver.

S5063 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5063

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting employers
from discriminating against individuals based on such individual's
status as a caregiver

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to provide protections for caregivers under
the Human Rights Law.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 39 to Section 292 of the Executive Law
to define the term "caregiver" and "care recipient."

Section 2 amends subdivision 1 of Section 296 of the Executive Law to
provide that employers or licensing agencies shall not discriminate

against an individual on the basis of their status as a caregiver.

Section 3 adds a new subdivision 23 to Section 296 of the Executive Law
to provide that it shall be an unlawful discriminatory practice for an
employer or licensing agency to discriminate against an individual due
to their status as a caregiver, including refusing to provide a reason-
able accommodation when such employee known to have caregiver status
must be absent from work for a reasonable time unless the employer can
demonstrate that the employee's absence would constitute an undue
burden.

Section 4 is the effective date.

 
JUSTIFICATION:

According to the National Alliance for Caregiving, 18 percent of adults
in the United States have caregiving responsibilities. Yet, as noted by
organizations such as a A Better Balance, caregiving is highly underval-
ued. Too many caregivers lack the support they need to care for an aging
parent or a loved one with a serious illness or disability. Often care-
givers must juggle caregiving and work, which can cause lasting economic
consequences. These economic consequences disproportionally affect women
- upwards of 75% of all care givers are women according to the Institute
on Aging. Caregivers are at risk for discrimination in the workplace,
for instance an employee being passed over for a promotion they are
fully qualified for because of assumptions that they will not want a
more demanding job while having to care for their elderly faither.

This bill would go a long way toward ensuring that caregivers have equal
opportunity in the workplace. This bill would bar discrimination based
on caregiver status, including refusal to provide a reasonable accommo-
dation under limited circumstances.  Unlike New York City, New York
State does not currently bar discrimination against individuals due to
their status as caregivers.

 
PRIOR LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

S5063 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5063
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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  employers
   from  discriminating  against  individuals  based on such individual's
   status as a caregiver

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 39 to read as follows:
   39.  THE  TERM  "CAREGIVER"  SHALL  INCLUDE THE FAMILY MEMBER OR OTHER
 NATURAL PERSON WHO NORMALLY PROVIDES THE DAILY CARE OR SUPERVISION OF  A
 CARE  RECIPIENT,  OR  ANY  FAMILY  MEMBER  OR  OTHER  NATURAL PERSON WHO
 CONTRIBUTES TO AND IS INVOLVED IN THE  CARETAKING  RESPONSIBILITIES  FOR
 SUCH  CARE  RECIPIENT.  SUCH  CAREGIVER MAY, BUT NEED NOT, RESIDE IN THE
 SAME HOUSEHOLD AS THE CARE RECIPIENT. "CARE RECIPIENT"  SHALL  MEAN  ANY
 PERSON  WHO  IS  UNABLE  TO ATTEND TO HIS OR HER DAILY NEEDS WITHOUT THE
 ASSISTANCE OR REGULAR SUPERVISION OF A CAREGIVER DUE TO MENTAL OR  PHYS-
 ICAL  IMPAIRMENT.  SUCH  DEFINITION SHALL INCLUDE PERSONS UNDER EIGHTEEN
 YEARS OF AGE WHO SUFFER FROM MENTAL OR PHYSICAL IMPAIRMENT.  SUCH  DEFI-
 NITION  SHALL  NOT INCLUDE PERSONS PERFORMING CARETAKING SERVICES IN THE
 CAPACITY OF EMPLOYMENT AS A DOMESTIC WORKER AS  DEFINED  BY  SUBDIVISION
 SIXTEEN OF SECTION TWO OF THE LABOR LAW.
   §  2.  Paragraph  (a) of subdivision 1 of section 296 of the executive
 law, as separately amended by chapters 8 and 176 of the laws of 2019, is
 amended to read as follows:
   (a) For an employer or licensing agency, because  of  an  individual's
 age,  race,  creed,  color,  national origin, sexual orientation, gender
 identity or expression, military status, sex,  disability,  predisposing
 genetic characteristics, familial status, marital status, [or] status as
 a  victim  of  domestic violence, OR STATUS AS A CAREGIVER, to refuse to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09867-01-1

 S. 5063                             2
 
 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.
   §  3.  Section  296  of  the  executive law is amended by adding a new
 subdivision 23 to read as follows:
   23. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOY-
 ER OR LICENSING AGENCY, BECAUSE OF ANY INDIVIDUAL'S STATUS AS A CAREGIV-
 ER, TO REFUSE TO HIRE OR EMPLOY OR LICENSE OR TO  BAR  OR  TO  DISCHARGE
 FROM EMPLOYMENT SUCH INDIVIDUAL OR TO DISCRIMINATE AGAINST SUCH INDIVID-
 UAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT.
   (B) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
 EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR CIRCU-
 LATED ANY STATEMENT, ADVERTISEMENT OR PUBLICATION, 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 STATUS AS A CAREGIVER,
 OR  ANY  INTENT  TO MAKE ANY SUCH LIMITATION, SPECIFICATION OR DISCRIMI-
 NATION; PROVIDED, HOWEVER, THAT NO PROVISION OF THIS  SUBDIVISION  SHALL
 BE CONSTRUED TO PROHIBIT THE EMPLOYER FROM MAKING ANY INQUIRY OR OBTAIN-
 ING INFORMATION FOR THE PURPOSE OF PROVIDING ASSISTANCE TO, OR A REASON-
 ABLE ACCOMMODATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION
 TO, A CAREGIVER.
   (C)(1) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER
 TO  REFUSE  TO  PROVIDE A REASONABLE ACCOMMODATION TO AN EMPLOYEE WHO IS
 KNOWN BY THE EMPLOYER TO BE A CAREGIVER, LIMITED TO THOSE ACCOMMODATIONS
 SET FORTH IN SUBPARAGRAPH TWO OF THIS PARAGRAPH, WHEN SUCH EMPLOYEE MUST
 BE ABSENT FROM WORK FOR A REASONABLE TIME,  UNLESS  SUCH  ABSENCE  WOULD
 CAUSE  AN  UNDUE  HARDSHIP  TO THE EMPLOYER AS SET FORTH IN SUBPARAGRAPH
 THREE OF THIS PARAGRAPH, PROVIDED, HOWEVER THAT THE EMPLOYER MAY REQUIRE
 AN EMPLOYEE TO CHARGE ANY TIME OFF PURSUANT TO THIS SECTION AGAINST  ANY
 LEAVE  WITH  PAY  ORDINARILY  GRANTED, WHERE AVAILABLE, UNLESS OTHERWISE
 PROVIDED FOR IN A COLLECTIVE BARGAINING AGREEMENT OR  EXISTING  EMPLOYEE
 HANDBOOK  OR  POLICY, AND ANY SUCH ABSENCE THAT CANNOT BE CHARGED MAY BE
 TREATED AS LEAVE WITHOUT PAY. AN EMPLOYEE WHO MUST BE ABSENT  FROM  WORK
 IN  ACCORDANCE WITH SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL BE ENTITLED
 TO THE CONTINUATION OF ANY HEALTH INSURANCE  COVERAGE  PROVIDED  BY  THE
 EMPLOYER,  TO  WHICH  THE EMPLOYEE IS OTHERWISE ENTITLED DURING ANY SUCH
 ABSENCE.
   (2) AN EMPLOYER IS REQUIRED TO PROVIDE A REASONABLE  ACCOMMODATION  TO
 AN  EMPLOYEE  WHO  IS  A  CAREGIVER  WHO  MUST BE ABSENT FROM WORK FOR A
 REASONABLE TIME, IN ACCORDANCE WITH THE PROVISIONS OF  SUBPARAGRAPH  ONE
 OF  THIS  PARAGRAPH,  IN ORDER TO ADMINISTER OR SUPERVISE THE DIAGNOSIS,
 CARE, OR TREATMENT OF A MENTAL OR PHYSICAL ILLNESS,  INJURY,  OR  HEALTH
 CONDITION OF THE CARE RECIPIENT.
   (3)  AN EMPLOYER IS REQUIRED TO PROVIDE A REASONABLE ACCOMMODATION FOR
 AN EMPLOYEE'S ABSENCE IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPHS
 ONE AND TWO OF THIS PARAGRAPH UNLESS THE EMPLOYER CAN  DEMONSTRATE  THAT
 THE EMPLOYEE'S ABSENCE WOULD CONSTITUTE AN UNDUE HARDSHIP TO THE EMPLOY-
 ER.  A DETERMINATION OF WHETHER SUCH AN ABSENCE WILL CONSTITUTE AN UNDUE
 HARDSHIP SHALL INCLUDE CONSIDERATION OF FACTORS SUCH AS:
   (I) THE OVERALL SIZE OF  THE  BUSINESS,  PROGRAM  OR  ENTERPRISE  WITH
 RESPECT  TO  THE NUMBER OF EMPLOYEES, NUMBER AND TYPE OF FACILITIES, AND
 SIZE OF BUDGET; AND
   (II) THE TYPE OF OPERATION IN WHICH THE BUSINESS,  PROGRAM  OR  ENTER-
 PRISE  IS  ENGAGED, INCLUDING THE COMPOSITION AND STRUCTURE OF THE WORK-
 FORCE.

 S. 5063                             3
 
   (4) AN EMPLOYEE WHO MUST BE ABSENT FROM WORK IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  SUBPARAGRAPH  ONE  OF  THIS  PARAGRAPH SHALL PROVIDE THE
 EMPLOYER WITH REASONABLE  ADVANCE  NOTICE  OF  THE  EMPLOYEE'S  ABSENCE,
 UNLESS SUCH ADVANCE NOTICE IS NOT FEASIBLE.
   (5)  AN  EMPLOYEE  WHO MUST BE ABSENT FROM WORK IN ACCORDANCE WITH THE
 PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH AND WHO CANNOT FEASIBLY
 GIVE REASONABLE ADVANCE NOTICE OF THE ABSENCE IN ACCORDANCE WITH SUBPAR-
 AGRAPH FOUR OF THIS PARAGRAPH, MAY BE REQUIRED TO PROVIDE  DOCUMENTATION
 FROM  A  MEDICAL  PROFESSIONAL OR HEALTH CARE PROVIDER UPON REQUEST FROM
 THE EMPLOYER WITHIN A REASONABLE TIME AFTER SUCH ABSENCE.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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The New York State Senate

senate Bill S5063

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 8, 2022 - floor Vote

Floor Vote: Mar 8, 2022

Feb 1, 2022 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Feb 1, 2022

May 12, 2021 - floor Vote

Floor Vote: May 12, 2021

Mar 1, 2021 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Mar 1, 2021

Co-Sponsors

S5063 (ACTIVE) - Details

S5063 (ACTIVE) - Summary

S5063 (ACTIVE) - Sponsor Memo

S5063 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5063

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Sponsored By

Robert Jackson

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 8, 2022 - floor Vote

Floor Vote: Mar 8, 2022

Feb 1, 2022 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Feb 1, 2022

May 12, 2021 - floor Vote

Floor Vote: May 12, 2021

Mar 1, 2021 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Mar 1, 2021

Co-Sponsors

Alessandra Biaggi

Rachel May

S5063 (ACTIVE) - Details

S5063 (ACTIVE) - Summary

S5063 (ACTIVE) - Sponsor Memo

S5063 (ACTIVE) - Bill Text download pdf

Comments