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S3049Senate2019-2020 Session

Expand Employer Definition

Official title

“Relates to the definition of employer”

Sponsor James Sanders Jr.SD-10Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

This bill amends the definition of "employer" to include all employers in New York State, regardless of size.

Why it matters

  1. Expands legal protections to all workers. By including all employers, regardless of size, more employees—such as those working for very small businesses—gain protections under anti-discrimination laws, closing previous gaps in coverage.

  2. Levels the regulatory playing field. Small businesses will now be subject to the same anti-discrimination obligations as larger employers, which could require changes in their policies, training, and complaint procedures.

  3. Potential increase in legal claims and compliance costs. With more employers covered, there may be an increase in discrimination claims and related legal actions, possibly resulting in greater administrative and legal costs, especially for small businesses previously exempt.

  4. Signals a policy shift towards universal workplace rights. The amendment reflects a broader commitment by the state to ensure that all employees, regardless of their employer’s size, are protected from workplace discrimination.

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Who cares

Headline styles

Expand Employer Definition

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
James Sanders Jr.

Senator · Senate District 10

Chair, Banks

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

3049

2019-2020 Regular Sessions

IN SENATE

February 1, 2019

Introduced by Sen. SANDERS -- 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 the definition of employer

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 5 of section 292 of the executive law, as amended by chapter 363 of the laws of 2015, is amended to read as follows:

5. The term "employer" [does not include any employer with fewer than four persons in his or her employ except as set forth in section two hundred ninety-six-b of this article, provided, however, that in the case of an action for discrimination based on sex pursuant to subdivision one of section two hundred ninety-six of this article, with respect to sexual harassment only, the term "employer"] shall include all employers within the state.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09173-01-9

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 the definition of employer

Purpose

This legislation provides clarification on the term employer to encom- pass all of New York State regardless of company size in the case of an action for discrimination.

Summary of provisions

Subdivision 5 of section 292 of the executive law, as amended by Chapter 363 of the laws of 2015, is amended to read as follows: The term "employer"

DOES NOT INCLUDE ANY EMPLOYER WITH FEWER THAN FOUR PERSONS IN HIS OR HER EMPLOY EXCEPT AS SET FORTH IN SECTION TWO HUNDRED NINETY-SIX-B OF THIS ARTICLE, PROVIDED, HOWEVER, THAT IN THE CASE OF AN ACTION FOR DISCRIMINATION BASED ON SEX PURSUANT TO SUBDIVISION ONE OF, SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE, WITH RESPECT TO SEXUAL HARASSMENT ONLY, THE TERM "EMPLOYER" shall include all employers within the state.

Existing law

Executive law section 292, section 5, as amended by Chapter 363.

Justification

This legislation fills a gap in defining the term employer with regards to sexual discrimination.

Legislative history

None.

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.