New York prohibits discrimination based on religious attire & facial hair

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.