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§ 296

Citation
§ 296 10.
Parent Document
N.Y. Exec. Law § 296
Jurisdiction
New York (state)

Full Text

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10. (a) It shall be an unlawful discriminatory practice for any
employer, or an employee or agent thereof, to impose upon a person as a
condition of obtaining or retaining employment, including opportunities
for promotion, advancement or transfers, any terms or conditions that
would require such person to violate or forego a sincerely held practice
of his or her religion, including but not limited to the observance of
any particular day or days or any portion thereof as a sabbath or other
holy day in accordance with the requirements of his or her religion or
the wearing of any attire, clothing, or facial hair in accordance with
the requirements of his or her religion, unless, after engaging in a
bona fide effort, the employer demonstrates that it is unable to
reasonably accommodate the employee's or prospective employee's
sincerely held religious observance or practice without undue hardship
on the conduct of the employer's business. Notwithstanding any other
provision of law to the contrary, an employee shall not be entitled to
premium wages or premium benefits for work performed during hours to
which such premium wages or premium benefits would ordinarily be
applicable, if the employee is working during such hours only as an
accommodation to his or her sincerely held religious requirements.
Nothing in this paragraph or paragraph (b) of this subdivision shall
alter or abridge the rights granted to an employee concerning the
payment of wages or privileges of seniority accruing to that employee.