Relates to enacting the reasonable accommodation anti-retaliation act

• Democratic1

◆ The sponsor's argument

Why Andrew Gounardes says this is needed

The New York State Human Rights Law, contained in Article 15 of the Executive Law, provides a number of important protections for New York- ers, such as a bar against discrimination based on a protected class status or for complaining of discrimination or assisting in a related investigation. Victims of illegal discrimination have several forms of recourse, including the ability to file a complaint within the Division of Human Rights (DHR) or a civil action in state court within three years. The Human Rights Law also requires reasonable accommodations in sites such as the workplace, housing, and in certain public settings such as health clinics, hospitals, restaurants, government buildings, retail stores, and more. In such places it is a violation under the Human Rights Law to deny a request for an accommodation based on disability (Executive Law § 296(3)(c), (2-a)(d), (14),(18)), pregnancy-related condition (Executive Law § 296(3)(a)), religious observances (Executive Law § 296(10)), or domestic violence victim status (Executive Law § 296(22)(c)(1)). While it naturally follows that it must also be unlawful to retaliate against an individual for requesting an accommodation, this protection is not explicitly stated in our state's Human Rights Law despite being an important element of both federal and New York City anti-discrimination laws (42 USC § 12203(b); 42 USC § 2000gg-1; NYCAC § 8-107(7)). This has created a perverse situation in which, for example, an employee must be granted an accommodation in the workplace, but an employer claims they can be legally fired for asking for it in the first place. This bill closes this loophole in our state's Human Rights Law by clari- fying that the law's anti-retaliation provisions extend to individuals requesting reasonable accommodations in addition to those who complain of discriminatory practices. It aligns our state Human Rights Law with its federal and city counterparts while better achieving the original intent of the legislature to ensure that all individuals making requests for accommodations at the job site, in housing, or in places of public accommodation are protected against retaliation from making such requests.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.