What's happening
This bill prohibits employers from discriminating against employees or applicants for wearing religious attire, clothing, or facial hair.
Why it matters
Expands protections for religious expression at work. by explicitly including religious attire, clothing, and facial hair, the bill ensures that employees or job applicants cannot be forced to choose between their faith and their employment opportunities.
Raises employer obligations for accommodation. employers must make a genuine effort to accommodate religious practices, including dress or grooming, unless it would cause significant difficulty or expense ("undue hardship").
Clarifies limits on claims for premium pay. employees who adjust their work hours for religious reasons cannot claim overtime or extra pay solely because of those adjustments, aiming to balance religious accommodation with business operations.
Addresses both hiring and ongoing employment. the law covers not only current workers but also applicants and those seeking promotions or transfers, widening the scope of workplace protections for religious practices.
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Who cares
Headline styles
Protect Religious Dress at Work
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by A4204
- Advanced to third reading
- 2nd report cal.
- 1st report cal.272
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Religious Dress Rights
Signed by Governor · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4037
2019-2020 Regular Sessions
IN SENATE
February 26, 2019
Introduced by Sen. LIU -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07506-01-9
S. 4037 2
granted to an employee concerning the payment of wages or privileges of seniority accruing to that employee.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
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 discrimination against religious attire
Purpose or general idea of bill
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 specific 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 employees business.
Section two sets an effective date after sixty days.
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 religious grounds, 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, no longer be discriminated against at their places of work because of their expression of religious duties.
Prior legislative history
Similar legislation 2015-16: S.3263 (Sanders) - referred to Investi- gations and Government Operations / A.2409 (Weprin) - Passed Assembly. 2013-14: S.5828 (Sanders) - referred to Investigations and Government Operations / A.864-A (Weprin) - Passed Assembly
Fiscal implications
None
Effective date
This act shall take effect on the sixtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.