BILL NUMBER: S4407
SPONSOR: FERNANDEZ
 
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 OR GENERAL IDEA OF BILL:
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 1 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 2 sets the effective date.
 
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.
 
PRIOR LEGISLATIVE HISTORY:
2021-2022: S980 / A9304
2019-2020: S7004
 
FISCAL IMPLICATIONS:
None to the state
 
EFFECTIVE DATE:
This act shall take effect immediately.