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 protections. to explicitly include religious attire and facial hair, ensuring that employees cannot be forced to violate their faith's dress or grooming requirements as a condition of employment, promotion, or transfer.
Clarifies the standard for accommodation. by requiring employers to show that accommodating religious attire or facial hair would cause "undue hardship" to their business, raising the bar for when exceptions can be made.
Addresses real-world discrimination. faced by people whose religious practices involve visible symbols (such as hijabs, turbans, yarmulkes, or beards), and aims to reduce workplace exclusion or pressure to conform to non-religious appearance standards.
Signals broader commitment. to religious inclusion and diversity in New York workplaces, potentially influencing employer policies and setting a legislative example for other states.
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Who cares
Headline styles
Protect Religious Dress Rights
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
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
1970
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sens. SANDERS, COMRIE, STAVISKY -- 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 granted to an employee concerning the payment of wages or privileges of seniority accruing to that employee.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06343-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to prohibiting discrimi- nation against religious attire
Purpose
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 provisions
Section one of the bill would clarify that it is an unlawful discrimina- tory 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 prac- tice without undue hardship on the conduct of the employer's business.
Section two is the effective date.
Existing law
New law
Justification
This bill is intended to protect the religious rights of all New York- ers. An example of the need for this bill 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 the MTA hat. When he objected, on reli- gious ground, the MTA responded that he may wear the turban if he affixes an MTA badge to the front. This was unacceptable as wearing a turban is a solemn religious duty for Sikhs and affixing a badge to it would not be religiously proper. This bill would ensure that persons like the gentleman described above will no longer be discriminated at their places of work because of their religious duties.
Legislative history
01/06/16 Referred to Investigations and Government Operations
02/04/15 Referred to Investigations and Government Operations
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.