Assemblyman Fred W. Thiele, Jr. (I, D, WF, REF-Sag Harbor) announced that he helped pass anti-discrimination legislation, including a measure expanding New York’s sexual harassment laws to help ensure no one feels threatened or unsafe in the workplace.

“The #MeToo movement has helped ensure that victims of discrimination and harassment are no longer relegated to the shadows,” said Thiele. “As New Yorkers, we understand that our shared progressive values and the inherent strength of our diverse communities demand we take action against senseless hate and give a voice to everyone. This legislation will help ensure that intolerance has no place in the Empire State.”

Expanding anti-discrimination laws

While last year’s budget included important sexual harassment statutes, the Assembly legislation would expand and clarify these protections. The bill would establish a model policy and model training program to prevent discrimination on the basis of race, color, sex, national origin, creed, sexual orientation, gender identity or expression, age, disability, military status, familial status, marital status, predisposing genetic characteristics or domestic violence victim status (A.5976). In addition, the bill would require a public employee to reimburse a public entity within 90 days of it awarding a discrimination claim to ensure the perpetrator is held financially responsible for the misconduct.

The Assembly legislation would also:

• clarify that all employers are subject to state anti-discrimination laws;
• prohibit mandatory arbitration clauses related to workplace discrimination;
• require companies involved in a competitive public bidding process to have a written policy on discrimination prevention;
• authorize the state attorney general to bring a civil action or prosecute cases of discrimination; and
• expand discrimination protections to include non-employees, such as contractors, vendors or consultants.

“Workplace discrimination can jeopardize an employee’s livelihood, close off opportunities for advancement and promotion, and impact an individual’s physical and emotional well-being,” said Thiele. “With this legislation, we can ensure that this shameful, disgusting behavior is not tolerated and perpetrators are held accountable.”

The Assembly also passed a measure to extend anti-discrimination protections of the state’s Human Rights Law to all public schools (A.3425). Ambiguity in the current law and a recent decision from the state’s highest court has led to the protections pertaining only to private schools, rather than all educational institutions, noted Thiele.

Further, the New York State Constitution currently only protects against discrimination based on race, color, creed or religion. To expand protections and help make full women’s equality a reality, the Assembly once again passed an amendment to the state constitution to guarantee equal protection to persons on the basis of sex (A.271).

Addressing other forms of discrimination

To ensure religious adherents are treated equally and fairly in the workplace, the Assembly passed a bill prohibiting employment discrimination against religious attire, including facial hair (A.4204). The measure would prevent employers from requiring an individual to violate or forgo requirements of their religion unless the employer can prove it causes an undue hardship on their business.

In addition, Thiele helped pass legislation which clarifies that lactation is a pregnancy-related condition and requires employers to make reasonable accommodations in the workplace (A.5975).

“Breastfeeding has undeniable benefits for both mom and baby,” said Thiele. “A mother should never be forced to give it up because she also works to support her family, and she should certainly never be forced to pump in a storage closet or her car.”

Earlier this year, the Assembly achieved a major victory in the fight against hate and discrimination when the Gender Expression Non-Discrimination Act (GENDA) was finally signed into law after passing it each year for over a decade (Ch. 8 of 2019).