A00898 Summary:

BILL NO    A00898 

SAME AS    SAME AS S03385

SPONSOR    Weinstein (MS)

COSPNSR    Jaffee, Fahy, Rosenthal, Perry, Zebrowski, Bronson

MLTSPNSR   Abbate, Galef, Glick, Lupinacci, Millman, Paulin, Sweeney, Titone

Rpld & add S292 sub 34, amd S296, Exec L

Defines "victim of domestic violence"; prohibits employers from discriminating
against victims of domestic violence.
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A00898 Actions:

BILL NO    A00898 

01/09/2013 referred to governmental operations
02/05/2013 reported referred to codes
02/27/2013 reported 
03/01/2013 advanced to third reading cal.57
04/22/2013 passed assembly
04/22/2013 delivered to senate
04/22/2013 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.55
01/14/2014 passed assembly
01/14/2014 delivered to senate
01/14/2014 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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A00898 Votes:

A00898 04/22/2013 137/0
AbbateYColtonYGarbariYKearnsYMillerYReilichYSteckY
AbinantYCookYGibsonYKellnerYMillmanYRiveraYStevensER
ArroyoYCorwinYGiglioYKimYMontesaYRobertsYStirpeY
AubryYCrespoERGjonajYKolbYMorelleYRobinsoYSweeneyY
BarclayYCrouchYGlickYLalorYMosleyYRodriguYTediscoY
BarrettYCurranYGoldfedYLavineYMoyaYRosaYTenneyY
BarronERCusickYGoodellYLentolYNojayYRosenthYThieleY
BenedetYCymbrowYGottfriYLiftonYNolanYRozicYTitoneER
BlankenERDenDekkYGrafYLope PDYOaksYRussellYTitusY
BorelliYDinowitYGuntherYLope VJYO'DonneYRyanYWalterY
BoylandYDiPietrYHawleyYLupardoYOrtizYSaladinYWeinsteY
BraunstYDupreyYHeastieYLupinacYOtisYSantabaYWeisenbY
BrennanYEnglebrYHennessYMageeYPalmesaYScarborYWeprinY
BrindisYEspinalYHevesiYMagnareYPaulinYSchimelYWrightY
BronsonYFahyYHikindERMaiselYPeoplesYSchimmiYZebrowsY
Brook-KYFarrellYHooperERMalliotERPerryYSepulveYMr SpkrY
BuchwalYFinchYJacobsYMarkeyYPretlowYSimanowY
ButlerYFitzpatYJaffeeYMayerYQuartERSimotasY
CahillYFriendYJohnsYMcDonalYRaYSkartadY
CamaraERGabryszYJordanYMcDonouYRabbittYSkoufisY
CerettoYGalefYKatzYMcKevitYRaiaYSolagesY
ClarkERGanttYKavanagYMcLaughYRamosYStecY

A00898 01/14/2014 134/0
AbbateYCookYGiglioYKolbYMoyaYRosaYThieleY
AbinantYCorwinYGjonajYLalorYNojayYRosenthYTitoneY
ArroyoYCrespoYGlickYLavineYNolanYRozicYTitusY
AubryYCrouchYGoldfedYLentolYOaksYRussellYWalterY
BarclayYCurranYGoodellYLiftonYO'DonneYRyanYWeinsteY
BarrettYCusickYGottfriYLopezYOrtizYSaladinYWeisenbY
BenedetYCymbrowYGrafYLupardoYOtisYSantabaYWeprinY
BlankenYDavilaYGuntherYLupinacYPalmesaERScarborERWrightY
BorelliYDenDekkYHawleyYMageeYPalumboYSchimelYZebrowsY
BoylandABDinowitYHeastieYMagnareYPaulinYSchimmiYMr SpkrY
BraunstYDiPietrYHennessYMalliotYPeoplesYSepulveY
BrennanYDupreyYHevesiYMarkeyERPerryYSimanowER
BrindisYEnglebrYHikindERMayerYPichardYSimotasY
BronsonYFahyYHooperYMcDonalYPretlowYSkartadY
Brook-KYFarrellYJacobsYMcDonouYQuartYSkoufisY
BuchwalYFinchYJaffeeYMcKevitYRaYSolagesY
ButlerYFitzpatYJohnsYMcLaughYRaiaYStecY
CahillYFriendYKatzYMillerYRamosYSteckY
CamaraYGabryszABKavanagYMillmanYRiveraYStirpeY
CerettoYGalefYKearnsYMontesaYRobertsYSweeneyY
ClarkYGanttYKellnerABMorelleYRobinsoYTediscoY
ColtonYGarbariYKimYMosleyYRodriguYTenneyY

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A00898 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          898

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by M. of A. WEINSTEIN, CASTRO -- Multi-Sponsored by -- M. of
         A. ABBATE, GALEF, GLICK, JAFFEE, MILLMAN, PAULIN, TITONE -- read  once
         and referred to the Committee on Governmental Operations

       AN  ACT to amend the executive law, in relation to prohibiting employers
         from discriminating against  victims  of  domestic  violence;  and  to
         repeal certain provisions of such law relating thereto

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  Subdivision 34 of section 292  of  the  executive  law  is
    2  REPEALED and a new subdivision 34 is added to read as follows:
    3    34. THE TERM "VICTIM OF DOMESTIC VIOLENCE" SHALL HAVE THE SAME MEANING
    4  AS  IS ASCRIBED TO SUCH TERM BY SECTION FOUR HUNDRED FIFTY-NINE-A OF THE
    5  SOCIAL SERVICES LAW.
    6    S 2. Paragraph (a) of subdivision 1 of section 296  of  the  executive
    7  law, as amended by chapter 80 of the laws of 2009, is amended to read as
    8  follows:
    9    (a)  For  an  employer or licensing agency, because of an individual's
   10  age, race, creed, color, national origin, sexual  orientation,  military
   11  status,  sex,  disability, predisposing genetic characteristics, marital
   12  status, or STATUS AS A VICTIM OF domestic violence [victim  status],  to
   13  refuse  to hire or employ or to bar or to discharge from employment such
   14  individual or to discriminate against such individual in compensation or
   15  in terms, conditions or privileges of employment.
   16    S 3. Section 296 of the executive law  is  amended  by  adding  a  new
   17  subdivision 20 to read as follows:
   18    20. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOY-
   19  ER  OR  LICENSING AGENCY, BECAUSE OF ANY INDIVIDUAL'S STATUS AS A VICTIM
   20  OF DOMESTIC VIOLENCE, TO REFUSE TO HIRE OR EMPLOY OR LICENSE OR  TO  BAR
   21  OR  TO  DISCHARGE  FROM  EMPLOYMENT  SUCH  INDIVIDUAL OR TO DISCRIMINATE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03699-01-3
       A. 898                              2

    1  AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
    2  ILEGES OF EMPLOYMENT.
    3    (B) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
    4  EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR CIRCU-
    5  LATED ANY STATEMENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY FORM OF
    6  APPLICATION  FOR  EMPLOYMENT  OR  TO MAKE ANY INQUIRY IN CONNECTION WITH
    7  PROSPECTIVE EMPLOYMENT WHICH  EXPRESSES,  DIRECTLY  OR  INDIRECTLY,  ANY
    8  LIMITATION,  SPECIFICATION OR DISCRIMINATION AS TO STATUS AS A VICTIM OF
    9  DOMESTIC VIOLENCE, OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICA-
   10  TION OR DISCRIMINATION; PROVIDED, HOWEVER, THAT  NO  PROVISION  OF  THIS
   11  SUBDIVISION  SHALL BE CONSTRUED TO PROHIBIT THE EMPLOYER FROM MAKING ANY
   12  INQUIRY OR OBTAINING INFORMATION FOR THE PURPOSE OF PROVIDING ASSISTANCE
   13  TO, OR A REASONABLE ACCOMMODATION IN ACCORDANCE WITH THE  PROVISIONS  OF
   14  THIS SUBDIVISION TO, A VICTIM OF DOMESTIC VIOLENCE.
   15    (C)(1) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER
   16  TO  REFUSE  TO  PROVIDE A REASONABLE ACCOMMODATION TO AN EMPLOYEE WHO IS
   17  KNOWN BY THE EMPLOYER TO BE A VICTIM OF DOMESTIC  VIOLENCE,  LIMITED  TO
   18  THOSE  ACCOMMODATIONS  SET  FORTH IN SUBPARAGRAPH TWO OF THIS PARAGRAPH,
   19  WHEN SUCH EMPLOYEE MUST BE ABSENT  FROM  WORK  FOR  A  REASONABLE  TIME,
   20  UNLESS SUCH ABSENCE WOULD CAUSE AN UNDUE HARDSHIP TO THE EMPLOYER AS SET
   21  FORTH  IN  SUBPARAGRAPH  THREE OF THIS PARAGRAPH, PROVIDED, HOWEVER THAT
   22  THE EMPLOYER MAY REQUIRE AN EMPLOYEE TO CHARGE ANY TIME OFF PURSUANT  TO
   23  THIS SECTION AGAINST ANY LEAVE WITH PAY ORDINARILY GRANTED, WHERE AVAIL-
   24  ABLE, UNLESS OTHERWISE PROVIDED FOR IN A COLLECTIVE BARGAINING AGREEMENT
   25  OR  EXISTING  EMPLOYEE  HANDBOOK  OR  POLICY,  AND ANY SUCH ABSENCE THAT
   26  CANNOT BE CHARGED MAY BE TREATED AS LEAVE WITHOUT PAY.  AN EMPLOYEE  WHO
   27  MUST  BE  ABSENT  FROM  WORK IN ACCORDANCE WITH SUBPARAGRAPH TWO OF THIS
   28  PARAGRAPH SHALL BE ENTITLED TO THE CONTINUATION OF ANY HEALTH  INSURANCE
   29  COVERAGE  PROVIDED  BY  THE EMPLOYER, TO WHICH THE EMPLOYEE IS OTHERWISE
   30  ENTITLED DURING ANY SUCH ABSENCE.
   31    (2) AN EMPLOYER IS REQUIRED TO PROVIDE A REASONABLE  ACCOMMODATION  TO
   32  AN EMPLOYEE WHO IS A VICTIM OF DOMESTIC VIOLENCE WHO MUST BE ABSENT FROM
   33  WORK FOR A REASONABLE TIME, IN ACCORDANCE WITH THE PROVISIONS OF SUBPAR-
   34  AGRAPH ONE OF THIS PARAGRAPH, LIMITED TO THE FOLLOWING:
   35    (I) SEEKING MEDICAL ATTENTION FOR INJURIES CAUSED BY DOMESTIC VIOLENCE
   36  INCLUDING  FOR  A  CHILD  WHO IS A VICTIM OF DOMESTIC VIOLENCE, PROVIDED
   37  THAT THE EMPLOYEE IS  NOT  THE  PERPETRATOR  OF  THE  DOMESTIC  VIOLENCE
   38  AGAINST THE CHILD; OR
   39    (II)  OBTAINING SERVICES FROM A DOMESTIC VIOLENCE SHELTER, PROGRAM, OR
   40  RAPE CRISIS CENTER AS A RESULT OF DOMESTIC VIOLENCE; OR
   41    (III) OBTAINING PSYCHOLOGICAL COUNSELING RELATED  TO  AN  INCIDENT  OR
   42  INCIDENTS OF DOMESTIC VIOLENCE, INCLUDING FOR A CHILD WHO IS A VICTIM OF
   43  DOMESTIC  VIOLENCE, PROVIDED THAT THE EMPLOYEE IS NOT THE PERPETRATOR OF
   44  THE DOMESTIC VIOLENCE AGAINST THE CHILD; OR
   45    (IV) PARTICIPATING IN SAFETY PLANNING  AND  TAKING  OTHER  ACTIONS  TO
   46  INCREASE  SAFETY  FROM  FUTURE INCIDENTS OF DOMESTIC VIOLENCE, INCLUDING
   47  TEMPORARY OR PERMANENT RELOCATION; OR
   48    (V) OBTAINING LEGAL SERVICES, ASSISTING  IN  THE  PROSECUTION  OF  THE
   49  OFFENSE,  OR APPEARING IN COURT IN RELATION TO THE INCIDENT OR INCIDENTS
   50  OF DOMESTIC VIOLENCE.
   51    (3) AN EMPLOYER IS REQUIRED TO PROVIDE A REASONABLE ACCOMMODATION  FOR
   52  AN EMPLOYEE'S ABSENCE IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPHS
   53  ONE  AND  TWO OF THIS PARAGRAPH UNLESS THE EMPLOYER CAN DEMONSTRATE THAT
   54  THE EMPLOYEE'S ABSENCE WOULD CONSTITUTE AN UNDUE HARDSHIP TO THE EMPLOY-
   55  ER. A DETERMINATION OF WHETHER SUCH AN ABSENCE WILL CONSTITUTE AN  UNDUE
   56  HARDSHIP SHALL INCLUDE CONSIDERATION OF FACTORS SUCH AS:
       A. 898                              3

    1    (I)  THE  OVERALL  SIZE  OF  THE  BUSINESS, PROGRAM OR ENTERPRISE WITH
    2  RESPECT TO THE NUMBER OF EMPLOYEES, NUMBER AND TYPE OF  FACILITIES,  AND
    3  SIZE OF BUDGET; AND
    4    (II)  THE  TYPE  OF OPERATION IN WHICH THE BUSINESS, PROGRAM OR ENTER-
    5  PRISE IS ENGAGED, INCLUDING THE COMPOSITION AND STRUCTURE OF  THE  WORK-
    6  FORCE.
    7    (4)  AN  EMPLOYEE  WHO MUST BE ABSENT FROM WORK IN ACCORDANCE WITH THE
    8  PROVISIONS OF SUBPARAGRAPH ONE  OF  THIS  PARAGRAPH  SHALL  PROVIDE  THE
    9  EMPLOYER  WITH  REASONABLE  ADVANCE  NOTICE  OF  THE EMPLOYEE'S ABSENCE,
   10  UNLESS SUCH ADVANCE NOTICE IS NOT FEASIBLE.
   11    (5) AN EMPLOYEE WHO MUST BE ABSENT FROM WORK IN  ACCORDANCE  WITH  THE
   12  PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH AND WHO CANNOT FEASIBLY
   13  GIVE REASONABLE ADVANCE NOTICE OF THE ABSENCE IN ACCORDANCE WITH SUBPAR-
   14  AGRAPH  FOUR  OF THIS PARAGRAPH MUST, WITHIN A REASONABLE TIME AFTER THE
   15  ABSENCE, PROVIDE A CERTIFICATION TO THE EMPLOYER WHEN REQUESTED  BY  THE
   16  EMPLOYER.
   17    SUCH CERTIFICATION SHALL BE IN THE FORM OF:
   18    (I)  A  POLICE REPORT INDICATING THAT THE EMPLOYEE OR HIS OR HER CHILD
   19  WAS A VICTIM OF DOMESTIC VIOLENCE;
   20    (II) A COURT ORDER PROTECTING OR SEPARATING THE EMPLOYEE OR HIS OR HER
   21  CHILD FROM THE PERPETRATOR OF AN ACT OF DOMESTIC VIOLENCE;
   22    (III) OTHER EVIDENCE FROM THE COURT OR PROSECUTING ATTORNEY  THAT  THE
   23  EMPLOYEE APPEARED IN COURT; OR
   24    (IV)  DOCUMENTATION  FROM  A  MEDICAL  PROFESSIONAL, DOMESTIC VIOLENCE
   25  ADVOCATE, HEALTH CARE PROVIDER, OR COUNSELOR THAT THE EMPLOYEE OR HIS OR
   26  HER CHILD WAS UNDERGOING COUNSELING OR TREATMENT FOR PHYSICAL OR  MENTAL
   27  INJURIES  OR  ABUSE  RESULTING  IN VICTIMIZATION FROM AN ACT OF DOMESTIC
   28  VIOLENCE.
   29    (6) WHERE AN EMPLOYEE HAS A PHYSICAL OR  MENTAL  DISABILITY  RESULTING
   30  FROM  AN  INCIDENT  OR  SERIES  OF  INCIDENTS OF DOMESTIC VIOLENCE, SUCH
   31  EMPLOYEE SHALL BE TREATED IN THE SAME MANNER AS  AN  EMPLOYEE  WITH  ANY
   32  OTHER  DISABILITY,  PURSUANT  TO  THE  PROVISIONS  OF THIS SECTION WHICH
   33  PROVIDE THAT DISCRIMINATION AND REFUSAL TO PROVIDE  REASONABLE  ACCOMMO-
   34  DATION OF DISABILITY ARE UNLAWFUL DISCRIMINATORY PRACTICES.
   35    (D)  TO THE EXTENT ALLOWED BY LAW, EMPLOYERS SHALL MAINTAIN THE CONFI-
   36  DENTIALITY OF ANY INFORMATION REGARDING AN EMPLOYEE'S STATUS AS A VICTIM
   37  OF DOMESTIC VIOLENCE.
   38    S 4. This act shall take effect on the ninetieth day  after  it  shall
   39  have become a law.
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