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S264Senate2025-2026 SessionSame asA11033

Ban Discrimination Against Recovering Addicts

Official title

“Designates unlawful discriminatory practices relating to persons recovering from substance use disorder”

Sponsor Pete HarckhamSD-40Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
7/10
Significant
Passage
29%

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

This bill prohibits government agencies in New York from denying employment solely because an applicant is recovering from substance use disorder.

Why it matters

  1. Expands employment protections specifically for individuals in recovery from substance use disorder. , ensuring they are not automatically disqualified from government jobs based solely on their recovery status, which could help reduce stigma and support reintegration.

  2. Applies to a wide range of public sector employers. , including all levels of state and local government, correctional facilities, and public educational institutions—meaning the impact is broad and covers many types of public jobs.

  3. Aligns the definition of substance use disorder with mental hygiene law. , ensuring consistency in how “recovery” and related terms are interpreted, which could help standardize practices and prevent loopholes in enforcement.

  4. May encourage more people to seek treatment and sustain recovery. , knowing that public sector employment opportunities will not be closed to them due to their recovery history, potentially supporting public health and workforce diversity.

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Who cares

Headline styles

Ban Discrimination Against Recovering Addicts

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

Sponsors

Primary sponsor
Pete Harckham

Senator · Senate District 40

Chair, Environmental Conservation

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. 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.

A11033Assembly

Ban Job Bias for Recovering Addicts

In Assembly Committee · Governmental Operations · Sponsor Jessica Gonzalez-Rojas

Impact 7 · Significant29% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

264

2025-2026 Regular Sessions

IN SENATE (Prefiled)

January 8, 2025

Introduced by Sen. HARCKHAM -- 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 unlawful discriminatory practices by government agencies relating to persons recovering from substance use disorder

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

Section 1. The executive law is amended by adding a new section 296-e to read as follows:

§ 296-e. Unlawful discriminatory practices by government agencies relating to persons recovering from substance use disorder. 1. For the purposes of this section:

(a) "Government agency" shall mean any department, division, board, bureau, commission, office, agency, correctional facility, authority or public corporation of the state or a county, city, town or village government or any other instrumentality of local government or public educational institution.

(b) "Substance use disorder" shall have the same meaning as set forth in section 1.03 of the mental hygiene law.

2. It shall be an unlawful discriminatory practice for a government agency employer to deny employment to a prospective employee solely on the basis that such prospective employee is recovering from substance use disorder.

§ 2. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD00301-01-5

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 unlawful discriminato- ry practices by government agencies relating to persons recovering from substance use disorder

Purpose or general idea of bill

Prior alcohol and/or substance abuse shall not be deemed reasons for rejection of employment when the potential employee has been recovering from such abuse

Summary of specific provisions

The executive law is amended by adding a new section 296-e. "Alcohol abuse" and/or "substance abuse" shall have the same meanings as set forth in section 1.03 of the mental hygiene law.

Justification

It shall be an unlawful discriminatory practice for a government agency employer to deny employment to a prospective employee solely on the basis that such prospective employee is recovering from alcohol and/or substance abuse.

Prior legislative history

2022-2024: S1175 - Died in Investigations and Government Operations

2021-2022: S2975/A8421 - Died in Investigations and Government Operations/Died in Governmental Operations

2019-2020: S5832/A4155 - Died in Investigations and Government Operations/Died in Governmental Operations

2017-2018: A3060 - Died in Governmental Operations.

2015-3016: A4143 - Died in Governmental Operations. 2013-2014: A4799 -

Died in Governmental Operations.

2011-2012: A7997 - Died in Governmental Operations.

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.