What's happening
The bill expands protections against harassment and discrimination to include immutable traits and religious beliefs, with exceptions for employment requirements.
Why it matters
Broadens anti-discrimination protections. by moving from a specific list (race, creed, color, national origin, sex, sexual orientation) to a more general coverage of “immutable attributes, characteristics, or traits,” which could include factors like hair texture, genetic traits, or other unchangeable aspects of identity—potentially closing gaps left by older laws.
Explicitly adds religious belief as a protected category. , ensuring that both traditional and nontraditional religious beliefs are shielded from discrimination and harassment in civil rights contexts.
Creates a clear exception for employment situations. where an immutable trait or religious belief directly affects a person’s ability to perform job requirements. This balances expanded protections with the practical needs of employers to require certain attributes or behaviors for specific roles.
May prompt organizations and employers to revisit and update their policies. on harassment and discrimination, since the language shift from a list of protected categories to a broader standard could change how compliance is evaluated and enforced.
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Who cares
Employers
The bill would make section 40-c's discrimination and harassment protections inapplicable where specified personal traits, beliefs or circumstances interfere, even partly, with a person's ability to meet employment requirements.
Workers with disabilities and religious workers
Their protections under this section would not apply where disability, religious belief or religious adherence requirements interfere with meeting employment requirements.
Civil rights advocates
The bill would replace explicit references to race, creed, color, national origin, sex and sexual orientation with language covering immutable attributes, characteristics or traits and religious belief.
State agencies and local governments
As entities covered by this section's prohibition, they would be subject to the revised protected-category language and employment-related exception.
Headline styles
Limits Discrimination Claims in Work
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to rules
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6772
2017-2018 Regular Sessions
IN SENATE
June 16, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the civil rights law, in relation to the right to be free from harassment and discrimination
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 40-c of the civil rights law, as amended by chapter 2 of the laws of 2002, is amended to read as follows:
2. No person shall, because of [race, creed, color, national origin, sex,] a person's immutable attribute, characteristic or trait, or based upon their religious belief, marital status[, sexual orientation] or disability, as such term is defined in section two hundred ninety-two of the executive law, be subjected to any discrimination in his or her civil rights, or to any harassment, as defined in section 240.25 of the penal law, in the exercise thereof, by any other person or by any firm, corporation or institution, or by the state or any agency or subdivision of the state provided that, this section shall not apply where a person's immutable attribute, characteristic or trait, or based upon their religious belief, marital status or disability, as such term is defined in section two hundred ninety-two of the executive law, or other immutable characteristic, trait, or requirements of adherence to religious belief, interferes, in whole or in part, with such person's ability to meet employment requirements.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13104-03-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to the right to be free from harassment and discrimination
Purpose or general idea of bill
To expand harassment and discrimination protections under the Civil Rights Law.
Summary of specific provisions
Section one amends subdivision 2 of section 40-c of the civil rights law.
Section two is the effective date.
Justification
This bill would expand the universe of persons protected under the New York State Civil Rights Law to include any and all immutability charac- teristics. Further, the measure would provide protection for employers from spurious claims for harassment and discrimination in instances where an immutable characteristic would interfere or entirely preclude a person from performing basic requirements for employment.
Legislative history
2017: S.6772 - Referred to Rules
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.