Prohibits discrimination against any individual with an actual or perceived status as a victim of domestic violence, a sex offense, or stalking; requires training on discrimination against individuals with an actual or perceived status as a victim of domestic violence, a sex offense, or stalking.
STATE OF NEW YORK
________________________________________________________________________
5606--A
2025-2026 Regular Sessions
IN ASSEMBLY
February 18, 2025
___________
Introduced by M. of A. LUCAS, KIM -- read once and referred to the
Committee on Governmental Operations -- recommitted to the Committee
on Governmental Operations in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the executive law and the labor law, in relation to
prohibiting discrimination against any individual with an actual or
perceived status as a victim of domestic violence, a sex offense, or
stalking
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 292 of the executive law is amended by adding two
2 new subdivisions 43 and 44 to read as follows:
3 43. The term "sex offense" shall mean an offense described in article
4 one hundred thirty of the penal law.
5 44. The term "stalking" shall mean stalking in the fourth degree, as
6 defined in section 120.45; stalking in the third degree, as defined in
7 section 120.50; stalking in the second degree, as defined in section
8 120.55 and/or stalking in the first degree as defined in section 120.60
9 of the penal law.
10 § 2. Subdivision 22 of section 296 of the executive law, as added by
11 chapter 176 of the laws of 2019, is amended to read as follows:
12 22. (a) It shall be an unlawful discriminatory practice for an employ-
13 er or licensing agency, because of any individual's actual or perceived
14 status as a victim of domestic violence, a sex offense, or stalking to
15 refuse to hire or employ or license or to bar or to discharge from
16 employment such individual or to discriminate against such individual in
17 compensation or in terms, conditions or privileges of employment.
18 (b) It shall be an unlawful discriminatory practice for an employer or
19 employment agency to print or circulate or cause to be printed or circu-
20 lated any statement, advertisement or publication, or to use any form of
21 application for employment or to make any inquiry in connection with
22 prospective employment which expresses, directly or indirectly, any
23 limitation, specification or discrimination as to an actual or perceived
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07476-02-6
A. 5606--A 2
1 status as a victim of domestic violence, a sex offense, or stalking, or
2 any intent to make any such limitation, specification or discrimination;
3 provided, however, that no provision of this subdivision shall be
4 construed to prohibit the employer from making any inquiry or obtaining
5 information for the purpose of providing assistance to, or a reasonable
6 accommodation in accordance with the provisions of this subdivision to,
7 a victim of domestic violence, a sex offense, or stalking.
8 (c)(1) It shall be an unlawful discriminatory practice for an employer
9 to refuse to provide a reasonable accommodation to an employee who is
10 known by the employer to be a victim of domestic violence, [limited to
11 those accommodations set forth in subparagraph two of this paragraph,
12 when such employee must be absent from work for a reasonable time,] a
13 sex offense, or stalking, where such accommodations would enable such
14 employee to satisfy the essential requisites of a job unless such
15 [absence] requested accommodations would cause an undue hardship to the
16 employer as set forth in subparagraph three of this paragraph, provided,
17 however that the employer may require an employee to charge any time off
18 pursuant to this section against any leave with pay ordinarily granted,
19 where available, unless otherwise provided for in a collective bargain-
20 ing agreement or existing employee handbook or policy, and any such
21 absence that cannot be charged may be treated as leave without pay. An
22 employee who must be absent from work in accordance with subparagraph
23 two of this paragraph shall be entitled to the continuation of any
24 health insurance coverage provided by the employer, to which the employ-
25 ee is otherwise entitled during any such absence.
26 (2) An employer is required to provide a reasonable accommodation to
27 an employee who is a victim of domestic violence [who must be absent
28 from work for a reasonable time], a sex offense, or stalking in accord-
29 ance with the provisions of subparagraph one of this paragraph, such
30 reasonable accommodation may include, but shall not be limited to,
31 absence from work for a reasonable time for reasons including, but not
32 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, a sex
35 offense, or stalking, provided that the employee is not the perpetrator
36 [of the domestic violence] 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, a sex offense, or stalking, including
41 for a child who is a victim [of domestic violence], provided that the
42 employee is not the perpetrator [of the domestic violence] against the
43 child; or
44 (iv) Participating in safety planning and taking other actions to
45 increase safety from future incidents of domestic violence, a sex
46 offense, or stalking, including temporary or permanent relocation; or
47 (v) Obtaining legal services, assisting in the prosecution of the
48 offense, or appearing in court in relation to the incident or incidents
49 of domestic violence, a sex offense, or stalking.
50 (3) An employer is required to provide a reasonable accommodation [for
51 an employee's absence] in accordance with the provisions of subpara-
52 graphs one and two of this paragraph unless the employer can demonstrate
53 that the employee's absence would constitute an undue hardship to the
54 employer. A determination of whether such an absence will constitute an
55 undue hardship shall include consideration of factors such as:
A. 5606--A 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) It shall be an unlawful discriminatory practice for an employer to
8 refuse to or otherwise fail to engage in cooperative dialogue within a
9 reasonable time with an employee who has requested a reasonable accommo-
10 dation under this section.
11 (5) An employee who must be absent from work in accordance with the
12 provisions of subparagraph one of this paragraph shall provide the
13 employer with reasonable advance notice of the employee's absence,
14 unless such advance notice is not feasible.
15 [(5)] (6) An employee who must be absent from work in accordance with
16 the provisions of subparagraph one of this paragraph and who cannot
17 feasibly give reasonable advance notice of the absence in accordance
18 with subparagraph [four] five of this paragraph must, within a reason-
19 able time after the absence, provide a certification to the employer
20 when requested by the employer. Any person required by subparagraph one
21 of this paragraph to make reasonable accommodation may require a person
22 requesting reasonable accommodation pursuant to this paragraph to
23 provide certification that the person is a victim of domestic violence,
24 a sex offense, or stalking. Such certification shall be in the form of:
25 (i) A police [report] or court record indicating that the employee or
26 [his or her] their child was a victim of domestic violence, a sex
27 offense, or stalking;
28 (ii) [A court order protecting or separating the employee or his or
29 her child from the perpetrator of an act of domestic violence;
30 (iii)] Other corroborating evidence, including evidence from the court
31 or prosecuting attorney [that the employee appeared in court]; [or
32 (iv)] (iii) Documentation from a medical professional, [domestic
33 violence] victim services provider or advocate, health care provider,
34 cultural or religious provider, or counselor that the employee or [his
35 or her] their child was [undergoing counseling or treatment for physical
36 or mental injuries or abuse resulting in victimization from] obtaining
37 assistance for an act of domestic violence, a sex offense, or stalking;
38 or
39 (iv) Documentation from an attorney or any other professional service
40 provider from whom the individual seeking a reasonable accommodation or
41 child has sought assistance in addressing domestic violence, a sex
42 offense, or stalking.
43 [(6)] (7) Where an employee has a physical or mental disability
44 resulting from an incident or series of incidents of domestic violence,
45 a sex offense, or stalking, such employee shall be treated in the same
46 manner as an employee with any other disability, pursuant to the
47 provisions of this section which provide that discrimination and refusal
48 to provide reasonable accommodation of disability are unlawful discrimi-
49 natory practices.
50 (d) To the extent allowed by law, employers shall maintain the confi-
51 dentiality of any information and documentation regarding an employee's
52 status as a victim of domestic violence, a sex offense, or stalking.
53 § 3. The section heading, paragraph b of subdivision 1 and paragraph c
54 of subdivision 2 of section 201-g of the labor law, the section heading
55 and paragraph c of subdivision 2 as added by section 1 of subpart E of
56 part KK of chapter 57 of the laws of 2018 and paragraph b of subdivision
A. 5606--A 4
1 1 as amended by chapter 160 of the laws of 2019, are amended and two new
2 subdivisions 5 and 6 are added to read as follows:
3 Prevention of sexual harassment and responding to domestic violence,
4 sex offenses, and stalking.
5 b. Every employer shall adopt the model sexual harassment prevention
6 policy promulgated pursuant to this subdivision or establish a sexual
7 harassment prevention policy to prevent sexual harassment that equals or
8 exceeds the minimum standards provided by such model sexual harassment
9 prevention policy, which, on and after January first, two thousand twen-
10 ty-six, shall include guidance on workplace protections for victims of
11 domestic violence, sex offenses, and stalking. Such [sexual harassment
12 prevention] policy shall be provided to all employees in writing as
13 required by subdivision two-a of this section. Such model [sexual
14 harassment prevention] policy shall be publicly available and posted on
15 the websites of both the department and the division of human rights.
16 c. Every employer shall utilize the model sexual harassment prevention
17 training program pursuant to this subdivision or establish a training
18 program for employees to prevent sexual harassment that equals or
19 exceeds the minimum standards provided by such model training. Such
20 sexual harassment prevention training shall be provided to all employees
21 on an annual basis. On and after January first, two thousand twenty-six,
22 any such training program shall include guidance on workplace
23 protections for victims of domestic violence, sex offenses, and stalk-
24 ing.
25 5. On and after January first, two thousand twenty-six, the depart-
26 ment, in consultation with the division of human rights and the office
27 for the prevention of domestic violence, shall ensure that the model
28 sexual harassment prevention guidance document and sexual harassment
29 prevention policy includes guidance on workplace protections for victims
30 of domestic violence, sex offenses, and stalking, including language
31 that: (i) prohibits discrimination by an employer or employment agency
32 because of an employee or prospective employees status as a victim of
33 domestic violence, a sex offense or stalking in accordance with subdivi-
34 sion twenty-two of section two hundred ninety-six of the executive law;
35 and (ii) prohibits the refusal of an employer to provide a reasonable
36 accommodation to an employee known to the employer to be a victim of
37 domestic violence, a sex offense or stalking in accordance with subdivi-
38 sion twenty-two of section two hundred ninety-six of the executive law.
39 6. On and after January first, two thousand twenty-six, the annual
40 model sexual harassment training program, mandated by subdivision two of
41 this section, shall include: (i) an explanation of discrimination on the
42 basis of one's status as a victim of domestic violence, a sex offense or
43 stalking consistent with guidance issued by the department in consulta-
44 tion with the division of human rights and office for the prevention of
45 domestic violence; (ii) examples of conduct that would constitute unlaw-
46 ful discrimination because of one's status as a victim of domestic
47 violence, a sex offense or stalking; (iii) information concerning the
48 state statutory provisions concerning discrimination because of one's
49 status as a victim of domestic violence, a sex offense or stalking and
50 remedies available to victims of such discrimination; and (iv) informa-
51 tion concerning employees' rights of redress and all available forums
52 for adjudicating complaints.
53 § 4. This act shall take effect January 1, 2027. Effective immediate-
54 ly, the addition, amendment and/or repeal of any rule or regulation
55 necessary for the implementation of this act on its effective date are
56 authorized to be made and completed on or before such effective date.
