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A00272 Summary:

A00272 Actions:

A00272 Committee Votes:

A00272 Floor Votes:

A00272 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           272
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  WEINSTEIN, SIMOTAS, JAFFEE, FAHY, ROSENTHAL,
          PERRY, ZEBROWSKI, MILLER, PAULIN, SKOUFIS -- Multi-Sponsored by --  M.
          of  A.  ABBATE, GALEF, GLICK, LUPARDO, MAGNARELLI, 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     2  REPEALED and a new subdivision 34 is added to read as follows: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    §  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    §  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.
                                                                   LBD00113-01-5
        A. 272                              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. 272                              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    § 4. This act shall take effect on the ninetieth day  after  it  shall
    39  have become a law.