What's happening
This bill prohibits employers in New York from discriminating against employees for wearing religious attire or facial hair.
Why it matters
Expands existing anti-discrimination protections. to explicitly include religious attire, clothing, and facial hair, ensuring that religious practices tied to appearance are given the same consideration as religious holidays and observances.
Requires employers to make reasonable accommodations. for religious attire or grooming practices (like turbans, hijabs, yarmulkes, beards, etc.), unless doing so would cause an “undue hardship” to business operations—a standard that puts the burden of proof on the employer.
Could increase workplace diversity and inclusion. by protecting employees of various faiths from being forced to choose between their job and their religious identity, potentially improving morale and reducing turnover.
Clarifies the balance between religious rights and business needs,. as the bill does not require premium pay for schedule changes made to accommodate religious practices, and maintains existing seniority and wage rights for employees.
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Who cares
Headline styles
Protect Religious Dress at Work
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Religious Dress at Work
In Senate Committee · Investigations And Government Operations · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1503
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. AVELLA -- 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 prohibiting discrimination against religious attire
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 10 of section 296 of the executive law, as amended by chapter 539 of the laws of 2002, is amended to read as follows:
(a) It shall be an unlawful discriminatory practice for any employer, or an employee or agent thereof, to impose upon a person as a condition of obtaining or retaining employment, including opportunities for promotion, advancement or transfers, any terms or conditions that would require such person to violate or forego a sincerely held practice of his or her religion, including but not limited to the observance of any particular day or days or any portion thereof as a sabbath or other holy day in accordance with the requirements of his or her religion or the wearing of any attire, clothing, or facial hair in accordance with the requirements of his or her religion, unless, after engaging in a bona fide effort, the employer demonstrates that it is unable to reasonably accommodate the employee's or prospective employee's sincerely held religious observance or practice without undue hardship on the conduct of the employer's business. Notwithstanding any other provision of law to the contrary, an employee shall not be entitled to premium wages or premium benefits for work performed during hours to which such premium wages or premium benefits would ordinarily be applicable, if the employee is working during such hours only as an accommodation to his or her sincerely held religious requirements. Nothing in this paragraph or paragraph (b) of this subdivision shall alter or abridge the rights
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01237-01-7
S. 1503 2
granted to an employee concerning the payment of wages or privileges of seniority accruing to that employee.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to prohibiting discrimination against religious attire
Purpose or general idea of bill
This bill would clarify that the wearing of any attire, clothing, or facial hair in accordance with the requirements of his or her religion is protected under the Human Rights Law.
Summary of specific provisions
Section one of the bill would clarify that it is an unlawful discriminatory practice for an employer to require a person to violate or forego the wearing attire, clothing, or facial hair in accordance with the requirements of his or her religion, unless the employer demonstrates that it is unable to reasonably accommodate the person's religious practice without undue hardship on the conduct of the employer's business.
Section two is the effective date.
Justification
This bill is intended to protect the religious rights of all New Yorkers.
As part of Orthodox Jewish practice, women are required to wear dresses, as opposed to pants. In November 2015, an Orthodox Jewish woman was hired as a paramedic at a Manhattan hospital. During orientation, the woman was informed she would need to wear pants as part of the job's uniform code, or otherwise be fired. The woman refused to compromise her religious beliefs and practices, and was fired as a result. This bill would provide protections from the above mistreatment, and prohibit employers from requiring current or prospective employees to forego religious attire as a condition of employment.
In addition to the above example, is a case in New York City where a member of the Sikh religion, who worked for the MTA, was ordered to remove his turban and wear an MTA hat. When he objected, on religious grounds, the MTA responded that he may wear the turban, only if he affixed an MTA badge to the front. This was unacceptable as wearing a turban is a solemn religious duty, and affixing a badge would be a religious violation.
This bill would ensure that persons, like the woman and gentleman described above, will no longer be discriminated against at their places of work because of their expression of religious duties.
Prior legislative history
Similar legislation 2015-16: 5.3263 (Sanders) - referred to Investigations and Government Operations / A.2409 (Weprin) - Passed Assembly. 2013-14: 5.5828 (Sanders) - referred to Investigations and Government Operations / A.864-A (Weprin) - Passed Assembly
Fiscal implications
None
Effective date
This act shall take effect on the sixtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.