S 5495: Directs the department of labor, in consultation with the division of human rights and the department of health to produce a model training program on neurodiversity awareness.

  
  STATE OF NEW YORK ________________________________________________________________________ 5495 2025-2026 Regular Sessions  IN SENATE February 21, 2025 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to establishing a model neurodiversity awareness training program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new section 201-j to 2 read as follows: 3 § 201-j. Neurodiversity awareness training. 1. a. The department shall 4 consult with the division of human rights and the department of health 5 to produce a model training program on neurodiversity awareness. 6 b. Such model neurodiversity awareness training program shall be 7 interactive and include: 8 (i) a definition, explanation, and examples of neurodiversity consist- 9 ent with guidance issued by the department in consultation with the 10 division of human rights and the department of health; 11 (ii) examples of conduct designed to help participants understand and 12 appreciate the differences in cognitive processing and neurodevelopmen- 13 tal conditions of neurodiverse individuals; 14 (iii) information concerning best practices to avoid inequity and 15 foster a safe, supportive workplace for neurodiverse individuals; 16 (iv) information regarding the impact ignorance of neurodiversity may 17 have on individuals across the state; 18 (v) information concerning employees' rights of redress and all avail- 19 able forums for adjudicating complaints; and 20 (vi) any other information the department, the division of human 21 rights and the department of health deems relevant and appropriate for 22 such a course. 23 c. The model training program created pursuant to this section, and 24 any equivalent program shall be reviewed and reapproved by the depart- 25 ment and the division of human rights on a biennial basis. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10100-01-5 
 S. 5495 2 1 2. The commissioner shall prepare templates of the model neurodiversi- 2 ty awareness training program created pursuant to subdivision one of 3 this section. The commissioner shall determine, in their discretion, 4 which languages to provide in addition to English, based on the size of 5 the New York state population that speaks each language and any other 6 factor that the commissioner shall deem relevant. All such templates 7 shall be made available to employers in the state upon an employer's 8 request. 9 3. Every employer shall utilize the model training program on neurodi- 10 versity awareness pursuant to this section or establish a training 11 program for employees to provide neurodiversity awareness that equals or 12 exceeds the minimum standards provided by such model training. Such 13 neurodiversity awareness training shall be provided to all employees on 14 an annual basis. 15 4. The department may promulgate any rules or regulations necessary 16 for the purposes of carrying out the provisions of this section. 17 5. As used in this section, the term "neurodiversity" means the range 18 of differences in individual brain function and behavioral traits, 19 regarded as part of normal variation in the human population. 20 § 2. This act shall take effect on the one hundred eightieth day after 21 it shall have become a law. Effective immediately, the department of 22 labor, in consultation with the division of human rights and the depart- 23 ment of health, is authorized to create the model neurodiversity aware- 24 ness training program pursuant to section 201-j of the labor law, as 25 added by section one of this act.