Assembly Bill A10002

2023-2024 Legislative Session

Relates to enacting the reasonable accommodation anti-retaliation act

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Current 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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2023-A10002 (ACTIVE) - Details

See Senate Version of this Bill:
S8888
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L

2023-A10002 (ACTIVE) - Summary

Relates to prohibiting retaliation against individuals who request a reasonable accommodation.

2023-A10002 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10002
 
                           I N  A S S E M B L Y
 
                                May 1, 2024
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law, in relation  to  prohibiting  retali-
   ation against individuals who request a reasonable accommodation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "reasonable accommodation anti-retaliation act".
   §  2.  Legislative  findings.  The legislature finds and declares that
 reasonable accommodations are an essential feature of the anti-discrimi-
 nation provisions of the executive law, including but  not  limited  to,
 subdivisions  2, 2-a, 3, 10, 14, 18, and 22 of section 296 of the execu-
 tive law.
   The legislature further finds and declares that explicit anti-retalia-
 tion protections for accommodation requests will help ensure that  indi-
 viduals  maintain  full  access to the rights, protections, and remedies
 available under the anti-discrimination provisions of the executive law.
   The amendments in this act are declarative  of  and  clarify  existing
 law.    This  act  shall not be construed to mean that the executive law
 does not already prohibit retaliation for requesting a reasonable accom-
 modation.
   § 3. Subdivision 7 of section 296 of the executive law, as amended  by
 chapter 140 of the laws of 2022, is amended to read as follows:
   7.  It  shall  be  an  unlawful discriminatory practice for any person
 engaged in any activity to which this section applies  to  retaliate  or
 discriminate  against any person because [he or she] SUCH PERSON has (I)
 opposed any practices forbidden under this article [or because he or she
 has], (II) filed a complaint, testified, or assisted in  any  proceeding
 under  this article, OR (III) REQUESTED A REASONABLE ACCOMMODATION UNDER
 THIS ARTICLE.  Retaliation may include, but is not limited to,  disclos-
 ing  an employee's personnel files because [he or she] SUCH EMPLOYEE has
 (I) opposed any practices forbidden under this article [or because he or
 she has], (II) filed a complaint, testified, or assisted in any proceed-
 ing under this article, OR (III) REQUESTED  A  REASONABLE  ACCOMMODATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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