What's happening
This bill expands civil rights protections against harassment and discrimination based on immutable traits or religious belief, with exceptions for employment requirements.
Why it matters
Broadens civil rights protections. by explicitly including “immutable attribute, characteristic or trait” and “religious belief,” ensuring that a wider range of personal attributes (such as natural hair, skin color, or other inherent qualities) are covered, not just those previously listed.
Addresses both discrimination and harassment. , meaning individuals are protected not only from being treated unfairly but also from being harassed because of these traits or beliefs, potentially making it easier for victims to seek redress.
Includes a carve-out for employment requirements. , allowing employers to make decisions based on immutable traits or religious beliefs only if those traits or beliefs directly interfere with the person’s ability to fulfill job requirements, which attempts to balance civil rights with legitimate workplace needs.
May impact workplace policies and lawsuits. , as the expanded definitions could lead to changes in hiring, training, and disciplinary procedures, and could result in more legal cases testing the boundaries of what constitutes an “immutable attribute” or a bona fide employment requirement.
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Who cares
Headline styles
Limits Discrimination Protections in Hiring
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1336
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
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.
LBD07582-01-9
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
2018: S.6772 - Referred to Investigations & Government Operations
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.