Senate Bill S5063

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • 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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2021-S5063 (ACTIVE) - Details

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

2021-S5063 (ACTIVE) - Summary

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

2021-S5063 (ACTIVE) - Sponsor Memo

2021-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.
              

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