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S1336Senate2019-2020 Session

Limits Discrimination Protections in Hiring

Official title

“Provides that it shall not be discrimination when a person's immutable attribute, characteristic or trait, or religious belief, marital status or disability interferes with ability to meet employment requirements”

Sponsor Andrew J. LanzaSD-24Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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

  1. 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.

  2. 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.

  3. 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.

  4. 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

Primary sponsor
Andrew J. Lanza

Senator · Senate District 24

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. 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.