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A01481 Summary:

A01481 Actions:

A01481 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Peoples-Stokes      
DATE:03/07/2017AYE/NAY:13/0  Action: Favorable refer to committee Codes        
Peoples-Stokes
Aye
Johns
Aye
Galef
Aye
Goodell
Aye
Benedetto
Aye
Lalor
Aye
Glick
Aye
Byrne
Aye
Kim
Aye
Buchwald
Aye
Bichotte
Aye
Blake
Aye
Hyndman
Aye

Committee:CODES   Chair:Lentol      
DATE:03/13/2017AYE/NAY:18/2  Action: Favorable         
Lentol
Aye
Graf
Nay
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Nay
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Absent
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Excused
Fahy
Aye

A01481 Floor Votes:

A01481 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A 1481A
 
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 a new
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 meas-
ure 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:
 
2015-16 - A.272/S.2027 - PA; S. Gov. Ops.
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.

A01481 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1481--A
                                                                Cal. No. 135
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  WEINSTEIN, SIMOTAS, JAFFEE, FAHY, ROSENTHAL,
          PERRY, ZEBROWSKI, M. G. MILLER,  PAULIN,  SKOUFIS,  TITUS,  GOTTFRIED,
          BLAKE,  OTIS, LAVINE, COLTON, SEAWRIGHT -- Multi-Sponsored by -- M. of
          A. CAHILL, ENGLEBRIGHT, GALEF, GLICK, LUPARDO,  MAGNARELLI,  SIMON  --
          read  once and referred to the Committee on Governmental Operations --
          reported and referred to the  Committee  on  Codes  --  reported  from
          committee, advanced to a third reading, amended and ordered reprinted,
          retaining its place on the order of third reading
 
        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 365 of the laws of 2015, is amended to read
     8  as 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,  familial
    12  status,  marital  status,  or  status  as  a victim of domestic violence
    13  [victim status], to refuse to hire or employ or to bar or  to  discharge
    14  from employment such individual or to discriminate against such individ-
    15  ual in compensation or in terms, conditions or privileges of employment.
    16    §  3.  Section  296  of  the  executive law is amended by adding a new
    17  subdivision 22 to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02842-03-7
        A. 1481--A                          2
 
     1    22. (a) It shall be an unlawful discriminatory practice for an employ-
     2  er or licensing agency, because of any individual's status as  a  victim
     3  of  domestic  violence, to refuse to hire or employ or license or to bar
     4  or to discharge from  employment  such  individual  or  to  discriminate
     5  against such individual in compensation or in terms, conditions or priv-
     6  ileges of employment.
     7    (b) It shall be an unlawful discriminatory practice for an employer or
     8  employment agency to print or circulate or cause to be printed or circu-
     9  lated any statement, advertisement or publication, or to use any form of
    10  application  for  employment  or  to make any inquiry in connection with
    11  prospective employment which  expresses,  directly  or  indirectly,  any
    12  limitation,  specification or discrimination as to status as a victim of
    13  domestic violence, or any intent to make any such limitation, specifica-
    14  tion or discrimination; provided, however, that  no  provision  of  this
    15  subdivision  shall be construed to prohibit the employer from making any
    16  inquiry or obtaining information for the purpose of providing assistance
    17  to, or a reasonable accommodation in accordance with the  provisions  of
    18  this subdivision to, a victim of domestic violence.
    19    (c)(1) It shall be an unlawful discriminatory practice for an employer
    20  to  refuse  to  provide a reasonable accommodation to an employee who is
    21  known by the employer to be a victim of domestic  violence,  limited  to
    22  those  accommodations  set  forth in subparagraph two of this paragraph,
    23  when such employee must be absent  from  work  for  a  reasonable  time,
    24  unless such absence would cause an undue hardship to the employer as set
    25  forth  in  subparagraph  three of this paragraph, provided, however that
    26  the employer may require an employee to charge any time off pursuant  to
    27  this section against any leave with pay ordinarily granted, where avail-
    28  able, unless otherwise provided for in a collective bargaining agreement
    29  or  existing  employee  handbook  or  policy,  and any such absence that
    30  cannot be charged may be treated as leave without pay.  An employee  who
    31  must  be  absent  from  work in accordance with subparagraph two of this
    32  paragraph shall be entitled to the continuation of any health  insurance
    33  coverage  provided  by  the employer, to which the employee is otherwise
    34  entitled during any such absence.
    35    (2) An employer is required to provide a reasonable  accommodation  to
    36  an employee who is a victim of domestic violence who must be absent from
    37  work for a reasonable time, in accordance with the provisions of subpar-
    38  agraph one of this paragraph, limited to the following:
    39    (i) Seeking medical attention for injuries caused by domestic violence
    40  including  for  a  child  who is a victim of domestic violence, provided
    41  that the employee is  not  the  perpetrator  of  the  domestic  violence
    42  against the child; or
    43    (ii)  Obtaining services from a domestic violence shelter, program, or
    44  rape crisis center as a result of domestic violence; or
    45    (iii) Obtaining psychological counseling related  to  an  incident  or
    46  incidents of domestic violence, including for a child who is a victim of
    47  domestic  violence, provided that the employee is not the perpetrator of
    48  the domestic violence against the child; or
    49    (iv) Participating in safety planning  and  taking  other  actions  to
    50  increase  safety  from  future incidents of domestic violence, including
    51  temporary or permanent relocation; or
    52    (v) Obtaining legal services, assisting  in  the  prosecution  of  the
    53  offense,  or appearing in court in relation to the incident or incidents
    54  of domestic violence.
    55    (3) An employer is required to provide a reasonable accommodation  for
    56  an employee's absence in accordance with the provisions of subparagraphs
        A. 1481--A                          3
 
     1  one  and  two of this paragraph unless the employer can demonstrate that
     2  the employee's absence would constitute an undue hardship to the employ-
     3  er. A determination of whether such an absence will constitute an  undue
     4  hardship shall include consideration of factors such as:
     5    (i)  The  overall  size  of  the  business, program or enterprise with
     6  respect to the number of employees, number and type of  facilities,  and
     7  size of budget; and
     8    (ii)  The  type  of operation in which the business, program or enter-
     9  prise is engaged, including the composition and structure of  the  work-
    10  force.
    11    (4)  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) An employee who must be absent from work in  accordance  with  the
    16  provisions of subparagraph one of this paragraph and who cannot feasibly
    17  give reasonable advance notice of the absence in accordance with subpar-
    18  agraph  four  of this paragraph must, within a reasonable time after the
    19  absence, provide a certification to the employer when requested  by  the
    20  employer.
    21    Such certification shall be in the form of:
    22    (i)  A  police report indicating that the employee or his or her child
    23  was a victim of domestic violence;
    24    (ii) A court order protecting or separating the employee or his or her
    25  child from the perpetrator of an act of domestic violence;
    26    (iii) Other evidence from the court or prosecuting attorney  that  the
    27  employee appeared in court; or
    28    (iv)  Documentation  from  a  medical  professional, domestic violence
    29  advocate, health care provider, or counselor that the employee or his or
    30  her child was undergoing counseling or treatment for physical or  mental
    31  injuries  or  abuse  resulting  in victimization from an act of domestic
    32  violence.
    33    (6) Where an employee has a physical or  mental  disability  resulting
    34  from  an  incident  or  series  of  incidents of domestic violence, such
    35  employee shall be treated in the same manner as  an  employee  with  any
    36  other  disability,  pursuant  to  the  provisions  of this section which
    37  provide that discrimination and refusal to provide  reasonable  accommo-
    38  dation of disability are unlawful discriminatory practices.
    39    (d)  To the extent allowed by law, employers shall maintain the confi-
    40  dentiality of any information regarding an employee's status as a victim
    41  of domestic violence.
    42    § 4. This act shall take effect on the ninetieth day  after  it  shall
    43  have become a law.

A01481 LFIN:

 
NO LFIN