The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    801
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Governmental 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00870-01-3
 A. 801                              2

 
   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
 INDIRECTLY, TO REFUSE, WITHHOLD FROM OR DENY TO SUCH PERSON ANY  OF  THE
 ACCOMMODATIONS,  ADVANTAGES, FACILITIES OR PRIVILEGES THEREOF; PROVIDED,
 HOWEVER, THAT IT SHALL NOT BE AN  UNLAWFUL  DISCRIMINATORY  PRACTICE  TO
 ADHERE  TO ANY WEIGHT RESTRICTIONS WHERE ANY DEVIATION MAY POSE A THREAT
 TO THE INDIVIDUAL, OTHER PATRONS, OR THE GENERAL PUBLIC.
   § 2. This act shall take effect immediately.