New York A 7768: Prohibits employers from discriminating against individuals based on such individual's status as a caregiver

Bill Text

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A07768 Summary:

BILL NOA07768 

&nbsp

SAME ASSAME AS S06634

&nbsp

SPONSORBurdick

&nbsp

COSPNSRHevesi, Reyes

&nbsp

MLTSPNSR

&nbsp

Amd §§292, 296 & 296-c, Exec L

&nbsp

Prohibits employers from discriminating against individuals based on such individual's status as a caregiver.

Go to top A07768 Actions:

BILL NOA07768 

&nbsp

04/10/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA07768 Committee&nbspVotes:

Go to topA07768 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07768 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7768

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 10, 2025
 ___________

 Introduced by M. of A. BURDICK, HEVESI, REYES -- read once and referred
 to the Committee on Governmental Operations

 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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 21-e of section 292 of the executive law, as
 2 amended by chapter 369 of the laws of 2015, is amended to read as
 3 follows:
 4 21-e. The term "reasonable accommodation" means actions taken which
 5 permit an employee, prospective employee or member with a disability, or
 6 a pregnancy-related condition, or who is a caregiver, to perform in a
 7 reasonable manner the activities involved in the job or occupation
 8 sought or held and include, but are not limited to, provision of an
 9 accessible worksite, acquisition or modification of equipment, support
 10 services for persons with impaired hearing or vision, modifications to
 11 existing facilities to make them more accessible, modification or relo-
 12 cation of a workstation, modifications to workplace policies regarding
 13 food and drink, modifications to a uniform or dress code, temporary
 14 transfer to a less physically demanding or hazardous position, assist-
 15 ance with lifting or other manual labor, additional or more flexible
 16 break time, job restructuring [and], modified or part-time work sched-
 17 ules, alternative working arrangements such as part-year employment or
 18 job sharing, flexible scheduling or variable hours, alternative work
 19 locations or reassignment to another location, remote work or telework,
 20 consistent or predictable scheduling, time off work such as to attend
 21 meetings or appointments, temporary or permanent transfer to another
 22 position, or leave of absence; provided, however, that such actions do
 23 not impose an undue hardship on the business, program or enterprise of
 24 the entity from which action is requested.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11117-01-5

 A. 7768 2

 1 § 2. Section 292 of the executive law is amended by adding four new
 2 subdivisions 42, 43, 44 and 45 to read as follows:
 3 42. The term "caregiver" means a person who provides the daily care or
 4 supervision of a minor child or a care recipient, or any person who
 5 contributes to and is involved in the caretaking responsibilities of
 6 such minor child or care recipient. Such minor child or care recipient
 7 may, but need not, reside in the household of the caregiver. The defi-
 8 nition of "caregiver" shall not include persons performing caretaking
 9 services in the capacity of employment as a domestic worker as defined
 10 by subdivision sixteen of section two of the labor law.
 11 43. The term "minor child" means a child under the age of eighteen.
 12 44. The term "care recipient" means a covered family member who has a
 13 disability, including a temporary disability, or is aged sixty-five or
 14 older, and who relies on the caregiver for medical care or to meet the
 15 needs of daily living.
 16 45. The term "covered family member" means:
 17 (a) a child, meaning the biological, adoptive, or foster child, legal
 18 ward, a child to whom the caregiver stands in loco parentis, or child to
 19 whom the caregiver stood in loco parentis when the care recipient was a
 20 minor child;
 21 (b) a parent, meaning the biological, foster, step- or ado