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S7004Senate2019-2020 Session

Protect Religious Dress and Beards

Official title

“Relates to including the basis of religious attire and facial hair in the definition of unlawful discriminatory practice”

Sponsor Jim GaughranSD-5Affects 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 amends New York law to explicitly protect religious attire and facial hair from discrimination in public accommodations.

Why it matters

  1. Clarifies and strengthens anti-discrimination protections. by specifically naming religious attire, clothing, and facial hair as aspects of "creed" that are protected—making it harder for public accommodations (like hotels, restaurants, stores, etc.) to claim ambiguity about what constitutes religious discrimination.

  2. Addresses common sources of discrimination faced by religious minorities. , such as Sikhs, Muslims, Jews, and others, who may wear turbans, hijabs, yarmulkes, or maintain beards for religious reasons—helping ensure they are not denied service or entry due to these practices.

  3. Creates a legal basis for challenging subtle or coded discrimination. , including dress codes or grooming policies that could disproportionately impact individuals for religious reasons, thus promoting greater inclusivity in public spaces.

  4. Signals New York's commitment to religious freedom and diversity. by explicitly recognizing religious expression in the law, which could influence workplace policies, social norms, and future legislation in other states.

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Who cares

  • People who wear religious attire or facial hair

    The bill would explicitly protect them from discrimination based on those religious practices at places of public accommodation, resort or amusement.

  • Owners and operators of public accommodations

    The bill would expressly prohibit denying accommodations, services or privileges because of a person's religious attire or facial hair.

  • Managers and employees of public accommodations

    The bill would expressly bar them from publishing or displaying notices or advertisements saying access will be denied because of religious attire or facial hair.

Headline styles

Protect Religious Dress and Beards

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

Sponsors

Primary sponsor
Jim Gaughran

Senator · Senate District 5

Chair, Local Government

No co-sponsors yet.

History

  1. Referred to investigations and government operations

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7004

IN SENATE (Prefiled)

January 8, 2020

Introduced by Sen. GAUGHRAN -- 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 including the basis of religious attire and facial hair in the definition of unlawful discriminatory practice

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

Section 1. Paragraph (a) of subdivision 2 of section 296 of the executive law, as amended by chapter 8 of the laws of 2019, is amended to read as follows:

(a) It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the race, creed, including the wearing of any attire, clothing or facial hair in accordance with the requirements or practice of his or her religion, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability or marital status of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, creed, including the wearing of any attire, clothing or facial hair in accordance with the requirements or practice of his or her religion, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability or marital status, or that the patronage or custom thereat of any person of or purporting to be of any particular race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex or marital

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

[ ] is old law to be omitted.

LBD13654-01-9

S. 7004 2

status, or having a disability is unwelcome, objectionable or not acceptable, desired or solicited.

§ 2. This act shall take effect immediately.

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 including the basis of religious attire and facial hair in the definition of unlawful discrimi- natory practice

Purpose

To enumerate that unlawful discriminatory practices by places of public accommodation against a person's creed includes discrimination based on attire, clothing or facial hair in accordance with the requirements or practice of the individual's religion.

Summary of provisions

Section One makes explicit that it is unlawful for a place of public accommodation to discriminate against a person based on the wearing of any attire, clothing or facial hair in accordance with the requirements or practices of his or her religion.

Section Two provides that this act shall take effect immediately.

Justification

While religious discrimination been outlawed under both state and feder- al law for some time, this amendment makes clear that the prohibition against discrimination in places of public accommodation based on "creed" includes bias against a patrons religious clothing, facial hair or attire.

In 2019, the legislature made explicit that it shall be an unlawful employment practice to discriminate against someone based on the wearing of attire, clothing or facial hair in accordance with his or her reli- gion. This legislation is an extension of the 2019 law, and applies to patrons of places of public accommodation by providing them with equal protection against religious discrimination. This legislation stems from an incident involving a restaurant establishment, which was reported to be discriminating against a guest based on his religious attire.

Legislative history

New Bill.

Fiscal implications

None to the State.

Effective date

This bill shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.