BILL NUMBER: S5465A
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the executive law, in relation to prohibiting employers
from discriminating against individuals based on such individual's
status as a caregiver
 
PURPOSE:
The purpose of the bill is to provide protections for caregivers under
the Human Rights Law.
 
SUMMARY OF PROVISIONS:
Section 1 amends the definition of "reasonable accommodation" in
Section 292 of the Executive Law to address caregivers' needs.
Section 2 adds new subdivisions 42 - 45 to section 292 of the Executive
Law to define the terms "caregiver," "minor child," and "care recipi-
ent."
Section 3 amends subdivision 1 of Section 296 of the Executive Law to
provide that employers, licensing agencies, employment agencies, and
labor organizations shall not discriminate against an individual on the
basis of their status as a caregiver. Section 3 also prohibits employers
and employment agencies from expressing any limitation, specification,
or discrimination as to status as a caregiver, and prohibits harassment
on the basis of status as a caregiver.
Section 4 adds a new subdivision 23 to Section 296 of the Executive Law
to provide that it shall be an unlawful discriminatory practice for an
employer to refuse to provide a reasonable accommodation to an employee
who is known to be a caregiver to enable them to meet a minor child's or
care recipient's needs related to health, safety, education, or other
needs of daily living.
Section 5 amends subdivisions 2 and 3 of Section 296-c of the Executive
Law to provide that employers shall not discriminate against an intern
on the basis of their status as a caregiver.
Section 6 provides an effective date.
 
JUSTIFICATION:
Working parents and caregivers are facing unfair and discriminatory
treatment related to their caregiving needs. Almost all New Yorkers will
provide care, either to a child or an adult family member, at some point
in their life. According to data from the 2021 American Communities
Survey, in nearly 70% of New York households with children under 18, all
parents in the family participate in the labor force (including 67% of
households with children 5 or younger). The National Alliance for Care-
giving estimates that 19% of Americans provide unpaid care to an adult,
and that 61% of these caregivers are employed. Caregivers face struc-
tural barriers to workplace equality, a reality that disproportionately
impacts women of color. As documented in a 2021 report by the New York
City Comptroller and A Better Balance, Our Crisis of Care, women are
four times more likely than men to experience retaliation for seeking
modest job modifications to address their caregiving needs so they can
continue working.
This legislation combats this form of discrimination by requiring
employers to provide reasonable accommodations, such as modified sched-
ules, teleworking, or temporary transfers, to caregivers absent undue
hardship on the employer.
 
LEGISLATIVE HISTORY:
2021-2022: S.5063 - Passed the Senate/A.10405 - Referred to Governmental
Operations
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S5465: 292 executive law, 292(21-e) executive law, 296 executive law, 296(1) executive law
S5465A: 292 executive law, 292(21-e) executive law, 296 executive law, 296(1) executive law