Relates to reasonable accommodation

This bill would enact part of the New York Women's Agenda, which would break down barriers that perpetuate discrimination and inequality based on gender. New York State has a proud history and tradition of leading the nation in progressive ideals and reforms This is especially so with respect to women's rights in 1843, the women's suffrage movement was born at the first Women's Rights Convention in Seneca Falls, New York. From that moment in time and continuing through today, the state has been the home of female leaders and visionaries, from Elizabeth Cady Stanton who initiated the first organized women's rights and women's suffrage movements, to Audre Lorde, a leading African-American poet and essayist who gave voice to women's issues, and Gloria Steinem, the journalist, author and activist. These New Yorkers have served as role models for not only their generation but for every generation to come.

Over the years, New York has fallen behind in its role as a progressive leader on women's rights. Today, statistics clearly show that women in New York State are not treated equally to men. Study after study shows gender inequality in our communities where women face discrimination in the workplace based on pregnancy.

The New York Women's Agenda will break down barriers that perpetuate discrimination and inequality based on gender. New York has served as a model for equality and fairness on several issues including women's rights. The New York Women's Agenda will return the State to its rightful place as a leader on women's equality.

Summary of Bills:

9) Pregnancy Discrimination

This bill would amend Exec. L. § 296 to clarify that employers must perform a reasonable accommodation analysis for employees with pregnancy-related conditions. A pregnancy-related condition would be defined as a medical condition related to pregnancy or childbirth. A reasonable accommodation would not have to be granted if it imposed an undue hardship on an employer. A pregnancy-related condition would be treated as a temporary disability for the purposes of current Division of Human Rights regulations regarding reasonable accommodations. Additionally, it would codify in law a requirement currently in regulation that an employee must cooperate in providing medical or other information to verify the existence of a disability or pregnancy-related condition.

Existing Law:

This bill would impact existing protections that are available under the Executive Law.

Statement in Support:

* Stopping Pregnancy Discrimination Once and For All

Conditions related to childbirth and pregnancy can result in impairment requiring accommodation. Some pregnant workers require modest adjustments on the job for conditions related to pregnancy and childbirth in order to stay healthy and keep working. Employees may require a stool to sit on, extra restroom breaks, transfer away from hazardous duties, a temporary reprieve from heavy lifting, or a reasonable time for childbirth recovery. In order to adequately protect the rights of pregnant workers, it is necessary to create a specific protection in the Human Rights Law requiring employers to provide a reasonable accommodation for pregnancy-related conditions, unless doing so would create an undue hardship. While the Division of Human Rights has long interpreted the sex and disability protections of the Human Rights Law to encompass pregnancy-related conditions, recent Court decisions have contributed to the already considerable confusion as to the availability and extent of this protection. The purpose of this bill is to codify the Division's existing interpretation of-the law while not depriving women of any of their existing protections under the disability and sex discrimination provisions of the law.

Budget Implications:

This bill has no budget implications for the State.

Effective Date:

This bill would take effect 90 days after enactment.