S03385 Summary:

BILL NO    S03385 

SAME AS    SAME AS A00898

SPONSOR    HASSELL-THOMPSON

COSPNSR    CARLUCCI, GIPSON, KRUEGER, LATIMER, SAVINO, STAVISKY, TKACZYK

MLTSPNSR   

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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S03385 Actions:

BILL NO    S03385 

02/01/2013 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/08/2014 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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S03385 Text:

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

                                         3385

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   February 1, 2013
                                      ___________

       Introduced  by Sens. HASSELL-THOMPSON, KRUEGER -- read twice and ordered
         printed, and when printed to be committed to the Committee on Investi-
         gations and Government 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    2  REPEALED and a new subdivision 34 is added to read as follows: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
   22  AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
   23  ILEGES OF EMPLOYMENT.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03699-01-3
       S. 3385                             2

    1    (B) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
    2  EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR CIRCU-
    3  LATED ANY STATEMENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY FORM OF
    4  APPLICATION  FOR  EMPLOYMENT  OR  TO MAKE ANY INQUIRY IN CONNECTION WITH
    5  PROSPECTIVE  EMPLOYMENT  WHICH  EXPRESSES,  DIRECTLY  OR INDIRECTLY, ANY
    6  LIMITATION, SPECIFICATION OR DISCRIMINATION AS TO STATUS AS A VICTIM  OF
    7  DOMESTIC VIOLENCE, OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICA-
    8  TION  OR  DISCRIMINATION;  PROVIDED,  HOWEVER, THAT NO PROVISION OF THIS
    9  SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT THE EMPLOYER FROM MAKING  ANY
   10  INQUIRY OR OBTAINING INFORMATION FOR THE PURPOSE OF PROVIDING ASSISTANCE
   11  TO,  OR  A REASONABLE ACCOMMODATION IN ACCORDANCE WITH THE PROVISIONS OF
   12  THIS SUBDIVISION TO, A VICTIM OF DOMESTIC VIOLENCE.
   13    (C)(1) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER
   14  TO REFUSE TO PROVIDE A REASONABLE ACCOMMODATION TO AN  EMPLOYEE  WHO  IS
   15  KNOWN  BY  THE  EMPLOYER TO BE A VICTIM OF DOMESTIC VIOLENCE, LIMITED TO
   16  THOSE ACCOMMODATIONS SET FORTH IN SUBPARAGRAPH TWO  OF  THIS  PARAGRAPH,
   17  WHEN  SUCH  EMPLOYEE  MUST  BE  ABSENT  FROM WORK FOR A REASONABLE TIME,
   18  UNLESS SUCH ABSENCE WOULD CAUSE AN UNDUE HARDSHIP TO THE EMPLOYER AS SET
   19  FORTH IN SUBPARAGRAPH THREE OF THIS PARAGRAPH,  PROVIDED,  HOWEVER  THAT
   20  THE  EMPLOYER MAY REQUIRE AN EMPLOYEE TO CHARGE ANY TIME OFF PURSUANT TO
   21  THIS SECTION AGAINST ANY LEAVE WITH PAY ORDINARILY GRANTED, WHERE AVAIL-
   22  ABLE, UNLESS OTHERWISE PROVIDED FOR IN A COLLECTIVE BARGAINING AGREEMENT
   23  OR EXISTING EMPLOYEE HANDBOOK OR  POLICY,  AND  ANY  SUCH  ABSENCE  THAT
   24  CANNOT  BE CHARGED MAY BE TREATED AS LEAVE WITHOUT PAY.  AN EMPLOYEE WHO
   25  MUST BE ABSENT FROM WORK IN ACCORDANCE WITH  SUBPARAGRAPH  TWO  OF  THIS
   26  PARAGRAPH  SHALL BE ENTITLED TO THE CONTINUATION OF ANY HEALTH INSURANCE
   27  COVERAGE PROVIDED BY THE EMPLOYER, TO WHICH THE  EMPLOYEE  IS  OTHERWISE
   28  ENTITLED DURING ANY SUCH ABSENCE.
   29    (2)  AN  EMPLOYER IS REQUIRED TO PROVIDE A REASONABLE ACCOMMODATION TO
   30  AN EMPLOYEE WHO IS A VICTIM OF DOMESTIC VIOLENCE WHO MUST BE ABSENT FROM
   31  WORK FOR A REASONABLE TIME, IN ACCORDANCE WITH THE PROVISIONS OF SUBPAR-
   32  AGRAPH ONE OF THIS PARAGRAPH, LIMITED TO THE FOLLOWING:
   33    (I) SEEKING MEDICAL ATTENTION FOR INJURIES CAUSED BY DOMESTIC VIOLENCE
   34  INCLUDING FOR A CHILD WHO IS A VICTIM  OF  DOMESTIC  VIOLENCE,  PROVIDED
   35  THAT  THE  EMPLOYEE  IS  NOT  THE  PERPETRATOR  OF THE DOMESTIC VIOLENCE
   36  AGAINST THE CHILD; OR
   37    (II) OBTAINING SERVICES FROM A DOMESTIC VIOLENCE SHELTER, PROGRAM,  OR
   38  RAPE CRISIS CENTER AS A RESULT OF DOMESTIC VIOLENCE; OR
   39    (III)  OBTAINING  PSYCHOLOGICAL  COUNSELING  RELATED TO AN INCIDENT OR
   40  INCIDENTS OF DOMESTIC VIOLENCE, INCLUDING FOR A CHILD WHO IS A VICTIM OF
   41  DOMESTIC VIOLENCE, PROVIDED THAT THE EMPLOYEE IS NOT THE PERPETRATOR  OF
   42  THE DOMESTIC VIOLENCE AGAINST THE CHILD; OR
   43    (IV)  PARTICIPATING  IN  SAFETY  PLANNING  AND TAKING OTHER ACTIONS TO
   44  INCREASE SAFETY FROM FUTURE INCIDENTS OF  DOMESTIC  VIOLENCE,  INCLUDING
   45  TEMPORARY OR PERMANENT RELOCATION; OR
   46    (V)  OBTAINING  LEGAL  SERVICES,  ASSISTING  IN THE PROSECUTION OF THE
   47  OFFENSE, OR APPEARING IN COURT IN RELATION TO THE INCIDENT OR  INCIDENTS
   48  OF DOMESTIC VIOLENCE.
   49    (3)  AN EMPLOYER IS REQUIRED TO PROVIDE A REASONABLE ACCOMMODATION FOR
   50  AN EMPLOYEE'S ABSENCE IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPHS
   51  ONE AND TWO OF THIS PARAGRAPH UNLESS THE EMPLOYER CAN  DEMONSTRATE  THAT
   52  THE EMPLOYEE'S ABSENCE WOULD CONSTITUTE AN UNDUE HARDSHIP TO THE EMPLOY-
   53  ER.  A DETERMINATION OF WHETHER SUCH AN ABSENCE WILL CONSTITUTE AN UNDUE
   54  HARDSHIP SHALL INCLUDE CONSIDERATION OF FACTORS SUCH AS:
       S. 3385                             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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