Inclusive Equal Rights Amendment

STATE OF NEW YORK
________________________________________________________________________
517--C
2019-2020 Regular Sessions
IN SENATE
(Prefiled)
January 9, 2019
___________
Introduced by Sens. KRUEGER, BAILEY, BENJAMIN, BIAGGI, BRESLIN, CARLUC-
CI, COMRIE, HARCKHAM, HOYLMAN, JACKSON, KAPLAN, LIU, MAY, MAYER, METZ-
GER, PARKER, PERSAUD, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY
-- read twice and ordered printed, and when printed to be committed to
the Committee on Judiciary -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- recommitted to the Committee on Judi-
ciary in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 1 of the constitution, in relation to
equality of rights and protection against discrimination
1 Section 1. Resolved (if the Assembly concur), That article 1 of the
2 constitution be amended by adding a new section 19 to read as follows:
3 § 19. (a) No person shall be denied equal rights under the laws of
4 this state or any subdivision thereof based on that person's race,
5 color, ethnicity, national origin, disability, or sex including pregnan-
6 cy and pregnancy outcomes, sexual orientation, gender identity, and
7 gender expression.
8 (b) No government entity, nor any entity acting in concert with or on
9 behalf of the government, nor any entity in its provision of public
10 accommodations, employment, or personnel practices shall discriminate
11 against any person in either intent or effect based on the character-
12 istics listed in subdivision (a) of this section.
13 (c) No government entity, nor any entity acting in concert with or on
14 behalf of the government, nor any entity in the provision of public
15 accommodations, employment, or personnel practices shall discriminate
16 against any person based on that person's religion. In interpreting this
17 section, the courts shall analyze claims of religious discrimination

S. 517--C 2
1 under the same analysis and standards applied to claims under section
2 three of this article.
3 (d) Nothing in this section shall invalidate or prevent the adoption
4 of any law, regulation, program, or practice that is designed to remedy
5 or ameliorate demonstrated past discrimination on the basis of a charac-
6 teristic listed in this section.
7 (e) This section shall be self-executing. The legislature may expand
8 upon the entitlement to equal rights and freedom from discrimination
9 hereby secured.
10 § 2. Resolved (if the Assembly concur), That the foregoing amendment
11 be referred to the first regular legislative session convening after the
12 next succeeding general election of members of the assembly, and, in
13 conformity with section 1 of article 19 of the constitution, be
14 published for three months previous to the time of such election.

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