This bill would prohibit retaliation against individuals who make a request for a reasonable accommodation under any applicable provision of chapter 1 of the New York City Human Rights Law. For example, it would prohibit any retaliatory action by an employer if an employee requested a reasonable accommodation on the basis of a religious observance, disability, pregnancy, childbirth, medical condition, or their status as a victim of domestic violence, a sex offense or stalking, among other possible reasons.
Int. No. 799
By Council Member Williams
A Local Law to amend the administrative code of the city of New York, in relation to prohibiting retaliation against individuals who request a reasonable accommodation under the city’s human rights law
Be it enacted by the Council as follows:
Section 1. Subdivision 7 of section 8-107 of the administrative code of the city of New York, as amended by local law number 85 for the year 2005, is amended to read as follows:
7. Retaliation. It shall be an unlawful discriminatory practice for any person engaged in any activity to which this chapter applies to retaliate or discriminate in any manner against any person because such person has (i) opposed any practice forbidden under this chapter, (ii) filed a complaint, testified or assisted in any proceeding under this chapter, (iii) commenced a civil action alleging the commission of an act which would be an unlawful discriminatory practice under this chapter, (iv) assisted the commission or the corporation counsel in an investigation commenced pursuant to this title, (v) requested a reasonable accommodation under this chapter, or ([v]vi) provided any information to the commission pursuant to the terms of a conciliation agreement made pursuant to section 8-115 of this chapter. The retaliation or discrimination complained of under this subdivision need not result in an ultimate action with respect to employment, housing or a public accommodation or in a materially adverse change in the terms and conditions of employment, housing, or a public accommodation, provided, however, that the retaliatory or discriminatory act or acts complained of must be reasonably likely to deter a person from engaging in protected activity.
§ 2. This local law takes effect 120 days after it becomes law.
LS 8532/Int. 1479-2017