Relates to unlawful discriminatory practices because of familial status.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
BILL NUMBER:S5875 REVISED 6/26/13
TITLE OF BILL: An act to amend the executive law, in relation to the unlawful discriminatory practice because of familial status
This bill would enact part of the New York Women's Agenda, which would break down barriers that perpetuate discrimination and inequality based on gender New York State has a proud history and tradition of leading the nation in progressive ideals and reforms. This is especially so with respect to women's rights. In 1848, the women's suffrage movement was born at the first Women's Rights Convention in Seneca Falls, New York. From that moment in time and continuing through today, the state has been the home of female leaders and visionaries, from Elizabeth Cady Stanton who initiated the first organized women's rights and women's suffrage movements; to Andre Lorde, a leading African-American poet and essayist who gave voice to women's issues, and Gloria Steinem, the journalist, author and activist. These New Yorkers have served as role models for not only their generation but for every generation to come.
Over the years, New York has fallen behind in its role as a progressive leader on women's rights. Today, statistics clearly show that women in New York State are not treated equally to men. Study after study shows gender inequality in our communities where women face discrimination in the workplace based on familial status and pregnancy.
The New York Women's Agenda will' break down barriers that perpetuate discrimination and inequality based on gender. New York has served as a model for equality and fairness on several issues including women's rights. The New York Women's Agenda will return the State to its rightful place as a leader on women's equality.
Summary of Bills:
4) Familial Status Discrimination
This bill would amend Exec. L § 296 law to prohibit discrimination in employment based on familial status.
Existing Law: This bill would impact existing protections that are available under the Executive Law.
Statement in Support:
* Ending Familial Status Discrimination
Women with children are less likely to be recommended for hire and promoted, and, in most cases, are offered less in salary than similarly situated men. This type of discrimination impacts those who are perhaps most in need-70% of children living with single mothers are poor or low income. Currently, State law protects against familial status discrimination in housing, but not employment. This bill would prohibit employers from denying work or promotions to workers simply based on their familial status.
Budget Implications: This bill has no budget implications for the State.
Effective Date: This bill would take effect 90 days after enactment.
STATE OF NEW YORK ________________________________________________________________________ 5875 2013-2014 Regular Sessions IN SENATE June 18, 2013 ___________Introduced by Sens. LITTLE, ROBACH -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to the unlawful discrimi- natory practice because of familial status THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1 and 1-a of section 296 of the executive law, as amended by chapter 803 of the laws of 1975, paragraph (a) of subdivi- sion 1 as amended by chapter 80 of the laws of 2009, paragraphs (b), (c) and (d) of subdivision 1 as amended by chapter 75 of the laws of 2005, paragraph (e) of subdivision 1 as amended by chapter 166 of the laws of 2000, paragraph (g) of subdivision 1 as added by chapter 98 of the laws of 1984 and paragraphs (b), (c) and (d) of subdivision 1-a as amended by chapter 106 of the laws of 2003, are amended to read as follows: 1. It shall be an unlawful discriminatory practice: (a) For an employer or licensing agency, because of an individual's age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, FAMILIAL STATUS, marital status, or domestic violence victim status, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. (b) For an employment agency to discriminate against any individual because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, FAMILIAL STATUS, or marital status, in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers. (c) For a labor organization, because of the age, race, creed, color, national origin, sexual orientation, military status, sex, disability,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12053-01-3 S. 5875 2
predisposing genetic characteristics, FAMILIAL STATUS, or marital status of any individual, to exclude or to expel from its membership such indi- vidual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer. (d) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publi- cation, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, FAMILIAL STATUS, or marital status, or any intent to make any such limi- tation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this para- graph nor any provision of this chapter or other law shall be construed to prohibit the department of civil service or the department of person- nel of any city containing more than one county from requesting informa- tion from applicants for civil service examinations concerning any of the aforementioned characteristics, other than sexual orientation, for the purpose of conducting studies to identify and resolve possible prob- lems in recruitment and testing of members of minority groups to insure the fairest possible and equal opportunities for employment in the civil service for all persons, regardless of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predispos- ing genetic characteristics, FAMILIAL STATUS, or marital status. (e) For any employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article. (f) Nothing in this subdivision shall affect any restrictions upon the activities of persons licensed by the state liquor authority with respect to persons under twenty-one years of age. (g) For an employer to compel an employee who is pregnant to take a leave of absence, unless the employee is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner. 1-a. It shall be an unlawful discriminatory practice for an employer, labor organization, employment agency or any joint labor-management committee controlling apprentice training programs: (a) To select persons for an apprentice training program registered with the state of New York on any basis other than their qualifications, as determined by objective criteria which permit review; (b) To deny to or withhold from any person because of race, creed, color, national origin, sexual orientation, military status, sex, age, disability, FAMILIAL STATUS, or marital status, the right to be admitted to or participate in a guidance program, an apprenticeship training program, on-the-job training program, executive training program, or other occupational training or retraining program; (c) To discriminate against any person in his or her pursuit of such programs or to discriminate against such a person in the terms, condi- tions or privileges of such programs because of race, creed, color, national origin, sexual orientation, military status, sex, age, disabil- ity, FAMILIAL STATUS or marital status; (d) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica-S. 5875 3
tion for such programs or to make any inquiry in connection with such program which expresses, directly or indirectly, any limitation, spec- ification or discrimination as to race, creed, color, national origin, sexual orientation, military status, sex, age, disability, FAMILIAL STATUS or marital status, or any intention to make any such limitation, specification or discrimination, unless based on a bona fide occupa- tional qualification. S 2. Subdivision 3 of section 296 of the executive law is amended by adding a new paragraph (d) to read as follows: (D) NOTHING IN THIS SUBDIVISION REGARDING "REASONABLE ACCOMMODATION" OR IN THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH SHALL ALTER, DIMINISH, INCREASE, OR CREATE NEW OR ADDITIONAL REQUIREMENTS TO ACCOMMODATE PROTECTED CLASSES PURSUANT TO THIS ARTICLE OTHER THAN THE ADDITIONAL REQUIREMENTS AS EXPLICITLY SET FORTH IN SUCH CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN. S 3. Paragraph (a) of subdivision 9 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: (a) It shall be an unlawful discriminatory practice for any fire department or fire company therein, through any member or members there- of, officers, board of fire commissioners or other body or office having power of appointment of volunteer firefighters, directly or indirectly, by ritualistic practice, constitutional or by-law prescription, by tacit agreement among its members, or otherwise, to deny to any individual membership in any volunteer fire department or fire company therein, or to expel or discriminate against any volunteer member of a fire depart- ment or fire company therein, because of the race, creed, color, national origin, sexual orientation, military status, sex
[or], marital status, OR FAMILIAL STATUS, of such individual. S 4. Subdivision 13 of section 296 of the executive law, as amended by chapter 196 of the laws of 2010, is amended to read as follows: 13. It shall be an unlawful discriminatory practice (i) for any person to boycott or blacklist, or to refuse to buy from, sell to or trade with, or otherwise discriminate against any person, because of the race, creed, color, national origin, sexual orientation, military status, sex, [or]disability, OR FAMILIAL STATUS, of such person, or of such person's partners, members, stockholders, directors, officers, managers, super- intendents, agents, employees, business associates, suppliers or custom- ers, or (ii) for any person wilfully to do any act or refrain from doing any act which enables any such person to take such action. This subdivi- sion shall not apply to: (a) Boycotts connected with labor disputes; or (b) Boycotts to protest unlawful discriminatory practices. S 5. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by a court of compe- tent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its opera- tion to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 6. This act shall take effect on the ninetieth day after it shall have become a law.