NY State Senate Bill 2023-S7382

Senate Bill S7382

Signed By Governor

2023-2024 Legislative Session

Adds gender identity or expression as a protected class for purposes of the human rights law

download bill text pdf

Archive: Last Bill Status Via A7355 - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 23, 2023	signed chap.305
Aug 11, 2023	delivered to governor
Jun 05, 2023	returned to assembly passed senate 3rd reading cal.1433 substituted for s7382
Jun 05, 2023	substituted by a7355
May 30, 2023	ordered to third reading cal.1433 committee discharged and committed to rules
May 22, 2023	referred to investigations and government operations

Votes

- Jun 5, 2023 - Floor Vote
  A7355
  
  57
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2023
      
      aye (57)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (4)
      
      Murray
      
      Ortt
      
      Rhoads
      
      Walczyk
      
      excused (2)
      
      Cooney
      
      Felder
  May 30, 2023 - Rules Committee Vote
  S7382
  
  14
  
  Aye
  
  0
  
  Nay
  
  7
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 30, 2023
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (7)
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Stec

co-Sponsors

2023-S7382 (ACTIVE) - Details

See Assembly Version of this Bill:: A7355
Law Section:: Executive Law
Laws Affected:: Amd §296-c, Exec L

2023-S7382 (ACTIVE) - Summary

Adds gender identity or expression as a protected class for purposes of the human rights law.

2023-S7382 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7382

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the executive law, in relation to adding gender identity
or expression as a protected class of the human rights law

 
PURPOSE OF THE BILL:

Adding Gender Identity or Expression as a Protected Class to the Intern
Provision of the Human Rights Law.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill makes a technical correction to the Human Rights
Law to renumber paragraphs.

Section 2 will add Gender Identity or Expression as a Protected Class
throughout section 296-c of the Human Rights Law and make technical
corrections to the HRL.

Section 3 sets an immediate effective date.

 
EXISTING LAW:

The Human Rights Law protects unpaid interns from unlawful discrimi-
nation based age, race, creed, color, national origin, sexual orien-
tation, military status, sex, disability, predisposing genetic charac-
teristics, marital status, or status as a victim of domestic violence
with respect to hiring firing and other terms conditions or privileges
of employment.

 
JUSTIFICATION:

Since 2014, the Human Rights Law has protected unpaid interns from
unlawful discrimination based on their protected class status with
respect to hiring firing and other terms, conditions or privileges of
employment. In 2019, gender identity or expression was added as a
protected class to all areas of jurisdiction throughout the Human Rights
Law. Likely due to an unintended oversight, the intern provision was not
amended. While interns have been protected from discrimination based on
gender identity or expression under DHR's interpretation of sex discrim-
ination, this bill will rectify the oversight and make the protection
explicit.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
BUDGET IMPLICATIONS:

None.

 
LOCAL IMPACT:

None.

 
EFFECTIVE DATE:
Immediate.

2023-S7382 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7382
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced by Sen. HOYLMAN-SIGAL -- (at request of the Division of Human
   Rights)  --  read  twice  and  ordered printed, and when printed to be
   committed to the Committee on Investigations and Government Operations
 
 AN ACT to amend the executive law, in relation to adding gender identity
   or expression as a protected class of the human rights law

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs a, b, and c of subdivision 2 of section 296-c of
 the  executive law, as separately amended by chapters 202 and 748 of the
 laws of 2022, are amended to read as follows:
   a. refuse to hire or employ or to bar or to discharge from  internship
 an intern or to discriminate against such intern in terms, conditions or
 privileges of employment as an intern because of the intern's age, race,
 creed, color, national origin, citizenship or immigration status, sexual
 orientation,  GENDER IDENTITY OR EXPRESSION, military status, sex, disa-
 bility, predisposing genetic characteristics, marital status, or  status
 as a victim of domestic violence;
   b. discriminate against an intern in receiving, classifying, disposing
 or  otherwise  acting  upon  applications for internships because of the
 intern's age, race, creed, color, national origin, citizenship or  immi-
 gration status, sexual orientation, GENDER IDENTITY OR EXPRESSION, mili-
 tary  status,  sex,  disability,  predisposing  genetic characteristics,
 marital status, or status as a victim of domestic violence;
   c. print or circulate or cause to be printed or circulated any  state-
 ment,  advertisement  or  publication, or to use any form of application
 for employment as an intern or to make any inquiry  in  connection  with
 prospective  employment,  which  expresses  directly  or indirectly, any
 limitation, specification or discrimination  as  to  age,  race,  creed,
 color, national origin, citizenship or immigration status, sexual orien-
 tation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability,
 predisposing  genetic  characteristics,  marital  status  or status as a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05887-01-3

 S. 7382                             2
 
 victim of domestic violence, or any intent to make any such  limitation,
 specification  or  discrimination, unless based upon a bona fide occupa-
 tional qualification; provided, however, that neither this paragraph nor
 any provision of this chapter or other law shall be construed to prohib-
 it the department of civil service or the department of personnel of any
 city  containing  more  than one county from requesting information from
 applicants for civil service internships or examinations concerning  any
 of  the  aforementioned  characteristics, other than sexual orientation,
 for the purpose of conducting studies to identify and  resolve  possible
 problems  in  recruitment  and  testing of members of minority groups to
 ensure the fairest possible and equal opportunities  for  employment  in
 the  civil  service  for  all  persons,  regardless of age, race, creed,
 color, national origin, citizenship or immigration status, sexual orien-
 tation, military status, sex, disability, predisposing  genetic  charac-
 teristics, marital status or status as a victim of domestic violence;
   §  2.  Paragraph  b of subdivision 3 of section 296-c of the executive
 law, as separately amended by chapters 202 and 748 of the laws of  2022,
 is amended to read as follows:
   b.  subject an intern to unwelcome harassment based on age, sex, race,
 creed, color, sexual orientation, GENDER IDENTITY OR  EXPRESSION,  mili-
 tary  status,  disability, predisposing genetic characteristics, marital
 status, status as a victim of domestic  violence,  national  origin,  or
 citizenship  or  immigration  status,  or  where such harassment has the
 purpose or effect of unreasonably interfering  with  the  intern's  work
 performance  by  creating an intimidating, hostile, or offensive working
 environment.
   § 3. This act shall take effect immediately.

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Senate Bill S7382

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Sponsored By

Brad Hoylman-Sigal