NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A272
SPONSOR: Weinstein (MS) TITLE OF BILL: 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
PURPOSE OF BILL: This bill would prohibit discrimination against
victims of domestic violence in employment and provide a limited reason-
able accommodation provision.
SUMMARY OF PROVISIONS: OF BILL:
Section 1 of the bill would amend Executive Law § 292 by revising its
subdivision 34 to define the term "victim of domestic violence" as
provided in SSL § 459-a.
Section 2 makes a technical change to subdivision 1 of Section 296 of
the Executive Law to confirm the prohibition of discrimination in
employment against victims of domestic violence in conformity with the
new definition in Section 292 of the Executive Law.
Section 3 of the bill would amend Executive Law § 296 by adding anew
subdivision 20 to: (1) prohibit discrimination in employment on the
basis of an employee's status as a victim of domestic violence; (2)
require an employer, unless it would be an undue hardship, to provide a
reasonable accommodation to a victim of domestic violence, limited sole-
ly. to allowing an absence, charged to leave or unpaid, for certain
activities set forth in the subdivision; and (3) require an employee who
must be absent from work pursuant to this section to provide reasonable
advance notice, except where such notice is not feasible.
Section 4 of the bill would provide that it will become effective 90
days after enactment,
EXISTING LAW: Executive Law § 292 defines terms used in the Human
Rights Law.
Executive Law § 296 sets forth unlawful discriminatory practices in
employment, housing, places of public accommodation, and other areas.
JUSTIFICATION: This legislation was vetoed by the Governor in 2010.
The Governor preferred that we use a more commonly used definition of
domestic violence, such as one used in the Social Services Law (SSL).
This measure addresses this concern raised in the Veto message 6759 of
2010 by cross-referencing the long standing and commonly understood
definition of victim of domestic violence as provided in SSL § 459-a.
Domestic violence is a crime of enormous magnitude that affects all New
Yorkers-regardless of age, race, or economic status-with long term and
pervasive consequences for victims, families, communities and society.
Each year, an estimated 400,000 domestic violence incidents are reported
to law enforcement in New York, and approximately 300,000 calls are
received by hotlines throughout the State. Over 300,000 orders of
protection were issued by New York Courts in 2013 alone.
In New York and around the nation, several high profile domestic
violence cases have renewed focus on the effects of domestic violence on
its victims, children and our communities. In addition, some studies
have indicated an increased risk of abusive conduct during difficult
financial times. The stresses of an economic downturn might also make it
more difficult for victims of domestic violence to take the steps they
need to get and stay safe.
While New York vigorously responds to domestic violence, improvements
can be made to hold offenders accountable, support victims of domestic
violence and protect our children from exposure to and involvement in
domestic violence situations. This bill will implement legislative
changes that will strengthen New York's support for victims and their
children.
Stable housing and employment are often the most important resources a
domestic violence victim needs in order to stay safe. It can be diffi-
cult for victims to obtain and maintain employment due to the stresses
of domestic violence, the abuser's interference with the victim's abili-
ty to perform in the workplace or the need to access services that are
necessary for safety. By including victims of domestic violence as a
protected class in the employment provisions of the Human Rights Law,
the State will ensure that victims will not be prevented from obtaining
or maintaining employment merely as a result of their status as victims
of domestic violence.
The bill would allow employees a reasonable accommodation in taking time
off to, for example, seek medical attention or counseling or appear in
court on matters related to incidents of domestic violence, including
child protective proceedings, unless time off would constitute an undue
hardship for the employer. Employers would have the option of requiring
that employees charge this time to accumulated leave credits or, where
such leave credits are unavailable, take unpaid leave.
LEGISLATIVE HISTORY: 2013-14 - A.898/S.3385 - PA; S. Gov. Ops. 2012
- A.2348-A/S.5526 - PA; S. Rules 2011 - A.2348-A/S.5526 PA; S. Gov. Ops.
2010 - A.9018-A/S.6000-A; Veto 6759 '10 2009 - A.9018; PA
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: This bill is not
expected to have a material impact on State finances.
EFFECTIVE DATE: This bill would take effect ninety days after it
becomes a law.
