Senate Bill S8462

2021-2022 Legislative Session

Relates to prohibiting discrimination against a person based upon weight

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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-S8462 (ACTIVE) - Details

See Assembly Version of this Bill:
A1851
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Add §296-e, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8689
2019-2020: A735
2023-2024: A801

2021-S8462 (ACTIVE) - Summary

Relates to prohibiting discrimination against a person based upon weight; excepts where deviation may pose a threat to the individual, other patrons, or the general public.

2021-S8462 (ACTIVE) - Sponsor Memo

2021-S8462 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8462
 
                             I N  S E N A T E
 
                               March 3, 2022
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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