S T A T E O F N E W Y O R K
________________________________________________________________________
264
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. HARCKHAM -- 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 unlawful discriminato-
ry practices by government agencies relating to persons recovering
from substance use disorder
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 BY GOVERNMENT AGENCIES
RELATING TO PERSONS RECOVERING FROM SUBSTANCE USE DISORDER. 1. FOR THE
PURPOSES OF THIS SECTION:
(A) "GOVERNMENT AGENCY" SHALL MEAN ANY DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION, OFFICE, AGENCY, CORRECTIONAL FACILITY, AUTHORITY OR
PUBLIC CORPORATION OF THE STATE OR A COUNTY, CITY, TOWN OR VILLAGE
GOVERNMENT OR ANY OTHER INSTRUMENTALITY OF LOCAL GOVERNMENT OR PUBLIC
EDUCATIONAL INSTITUTION.
(B) "SUBSTANCE USE DISORDER" SHALL HAVE THE SAME MEANING AS SET FORTH
IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR A GOVERNMENT
AGENCY EMPLOYER TO DENY EMPLOYMENT TO A PROSPECTIVE EMPLOYEE SOLELY ON
THE BASIS THAT SUCH PROSPECTIVE EMPLOYEE IS RECOVERING FROM SUBSTANCE
USE DISORDER.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00301-01-5