New York has enacted legislation
(Assembly Bill 4204) that clarifies the state's prohibition against religious
discrimination. The law takes effect on October 8, 2019.
Background:
Currently, the state of New York's
Human Rights Law (NYHRL) prohibits employers with four or more employees from
discriminating against applicants and employees based on creed along with a
number of other characteristics. The law also prohibits employers from imposing
any terms or conditions of employment that would require the individual to
violate or forego a sincerely held religious practice, including but not
limited to the observance of any particular day as a sabbath or other holy day.
An exception exists for employers that can demonstrate that allowing the
accommodation would cause an undue hardship on their business.
Note:Effective February 8, 2020, the NYHRL will
expand to cover all private employers in New York.
Assembly Bill 4204:
Assembly Bill 4204 amends the NYHRL to
clarify that employers are also prohibited from imposing any terms or
conditions of employment that would require an individual to violate or forego
the wearing of any religious attire, clothing, or facial hair, unless allowing
the accommodation would cause an undue hardship on their business. For example,
an employer cannot refuse to hire or promote an employee because they wear a
beard for religious reasons.
Compliance Recommendations:
New York employers should review their
personal appearance policies and supervisor training to ensure compliance with
Assembly Bill 4204.
Please contact your
dedicated service professional with any questions.