NY State Assembly Bill 2009-A9018

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 16, 2010	tabled
Aug 13, 2010	vetoed memo.6759
Aug 03, 2010	delivered to governor
Jun 16, 2010	returned to assembly passed senate 3rd reading cal.981 substituted for s6000a
Mar 16, 2010	referred to investigations and government operations delivered to senate passed assembly ordered to third reading rules cal.11 rules report cal.11 reported reported referred to rules reported referred to codes
Mar 10, 2010	print number 9018a
Mar 10, 2010	amend (t) and recommit to governmental operations
Jan 12, 2010	committed to governmental operations
Jan 06, 2010	ordered to third reading cal.636 returned to assembly died in senate
Jun 22, 2009	referred to rules delivered to senate passed assembly ordered to third reading rules cal.624 rules report cal.624 reported reported referred to rules reported referred to codes
Jun 19, 2009	referred to governmental operations

Votes

- Jun 16, 2010 - Floor Vote
  A9018
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan

Bill Amendments

Original

A (Active)

co-Sponsors

2009-A9018 - Details

See Senate Version of this Bill:: S6000
Law Section:: Executive Law
Laws Affected:: Rpld & add §292 sub 34, amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2348, S3814
2013-2014: A898, S3371
2015-2016: A272, S2094
2017-2018: A1481, S1247
2019-2020: A5618

2009-A9018 - Summary

Defines "victim of domestic violence"; prohibits employers from discriminating against victims of domestic violence.

2009-A9018 - Sponsor Memo

                                BILL NUMBER:A9018

TITLE OF BILL:
An act
to amend the executive
law, in
relation to prohibiting employers from discriminating against victims
of domestic
violence

Purpose:
This bill would prohibit discrimination against victims of domestic
violence in employment and provide a limited reasonable accommodation
provision.

Summary of Provisions:
Section 1 of the bill would amend Executive Law § 292 by adding a new
subdivision 34 to define the term "victim of domestic violence."

Section 2 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
solely 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 3 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:
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. Nearly 165,000 orders of protection were issued in domestic
violence cases in family, criminal and supreme courts in 2007 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, with over 550
police departments, 200 emergency rooms, 150 domestic violence
service providers, 99 domestic violence hotlines and 1,000
specialized courts, 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
difficult for victims to obtain and maintain employment due to the
stresses of domestic violence, the abuser's interference with the
victim's ability 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.

Budgetary Implications:
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.

2009-A9018 - Bill Text download pdf

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

                                  9018

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 19, 2009
                               ___________

Introduced  by  M. of A. JOHN, DESTITO, WEINSTEIN, PAULIN -- (at request
  of the Governor) -- read once and referred to the Committee on Govern-
  mental Operations

AN ACT to amend the executive law, in relation to prohibiting  employers
  from discriminating against victims of domestic violence

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 292 of the executive law is amended by adding a new
subdivision 34 to read as follows:
  34. THE TERM "VICTIM OF DOMESTIC VIOLENCE" MEANS ANY PERSON WHO  IS  A
VICTIM  OF  AN  ACT  WHICH  WOULD CONSTITUTE A VIOLENT FELONY OFFENSE AS
ENUMERATED IN SECTION 70.02 OF THE PENAL LAW  OR  A  FAMILY  OFFENSE  AS
ENUMERATED  IN  SUBDIVISION  ONE  OF SECTION EIGHT HUNDRED TWELVE OF THE
FAMILY COURT ACT, WHERE SUCH ACT OR ACTS ARE OR ARE ALLEGED TO HAVE BEEN
COMMITTED BY A MEMBER OF THE SAME FAMILY  OR  HOUSEHOLD  AS  DEFINED  IN
SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
  S 2. Subdivision 20 of section 296 of the executive law, as renumbered
by  chapter  204 of the laws of 1996, is renumbered subdivision 21 and a
new subdivision 20 is added to read as follows:
  20. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOY-
ER OR LICENSING AGENCY, BECAUSE OF ANY INDIVIDUAL'S STATUS AS  A  VICTIM
OF  DOMESTIC  VIOLENCE, TO REFUSE TO HIRE OR EMPLOY OR LICENSE OR TO BAR
OR TO DISCHARGE FROM  EMPLOYMENT  SUCH  INDIVIDUAL  OR  TO  DISCRIMINATE
AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
ILEGES OF EMPLOYMENT.
  (B) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR CIRCU-
LATED ANY STATEMENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY FORM OF
APPLICATION  FOR  EMPLOYMENT  OR  TO MAKE ANY INQUIRY IN CONNECTION WITH
PROSPECTIVE EMPLOYMENT WHICH  EXPRESSES,  DIRECTLY  OR  INDIRECTLY,  ANY
LIMITATION,  SPECIFICATION OR DISCRIMINATION AS TO STATUS AS A VICTIM OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD12104-03-9

A. 9018                             2

DOMESTIC VIOLENCE, OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICA-
TION OR DISCRIMINATION; PROVIDED, HOWEVER, THAT  NO  PROVISION  OF  THIS
SUBDIVISION  SHALL BE CONSTRUED TO PROHIBIT THE EMPLOYER FROM MAKING ANY
INQUIRY OR OBTAINING INFORMATION FOR THE PURPOSE OF PROVIDING ASSISTANCE
TO,  OR  A REASONABLE ACCOMMODATION IN ACCORDANCE WITH THE PROVISIONS OF
THIS SUBDIVISION TO, A VICTIM OF DOMESTIC VIOLENCE.
  (C)(1) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER
TO REFUSE TO PROVIDE A REASONABLE ACCOMMODATION TO AN  EMPLOYEE  WHO  IS
KNOWN  BY  THE  EMPLOYER TO BE A VICTIM OF DOMESTIC VIOLENCE, LIMITED TO
THOSE ACCOMMODATIONS SET FORTH IN SUBPARAGRAPH TWO  OF  THIS  PARAGRAPH,
WHEN  SUCH  EMPLOYEE  MUST  BE  ABSENT  FROM WORK FOR A REASONABLE TIME,
UNLESS SUCH ABSENCE WOULD CAUSE AN UNDUE HARDSHIP TO THE EMPLOYER AS SET
FORTH IN SUBPARAGRAPH THREE OF THIS PARAGRAPH,  PROVIDED,  HOWEVER  THAT
THE  EMPLOYER MAY REQUIRE AN EMPLOYEE TO CHARGE ANY TIME OFF PURSUANT TO
THIS SECTION AGAINST ANY LEAVE WITH PAY ORDINARILY GRANTED, WHERE AVAIL-
ABLE, UNLESS OTHERWISE PROVIDED FOR IN A COLLECTIVE BARGAINING AGREEMENT
OR EXISTING EMPLOYEE HANDBOOK OR  POLICY,  AND  ANY  SUCH  ABSENCE  THAT
CANNOT  BE CHARGED MAY BE TREATED AS LEAVE WITHOUT PAY.  AN EMPLOYEE WHO
MUST BE ABSENT FROM WORK IN ACCORDANCE WITH  SUBPARAGRAPH  TWO  OF  THIS
PARAGRAPH  SHALL BE ENTITLED TO THE CONTINUATION OF ANY HEALTH INSURANCE
COVERAGE PROVIDED BY THE EMPLOYER, TO WHICH THE  EMPLOYEE  IS  OTHERWISE
ENTITLED DURING ANY SUCH ABSENCE.
  (2)  AN  EMPLOYER IS REQUIRED TO PROVIDE A REASONABLE ACCOMMODATION TO
AN EMPLOYEE WHO IS A VICTIM OF DOMESTIC VIOLENCE WHO MUST BE ABSENT FROM
WORK FOR A REASONABLE TIME, IN ACCORDANCE WITH THE PROVISIONS OF SUBPAR-
AGRAPH ONE OF THIS PARAGRAPH, LIMITED TO THE FOLLOWING:
  (I) SEEKING MEDICAL ATTENTION FOR INJURIES CAUSED BY DOMESTIC VIOLENCE
INCLUDING FOR A CHILD WHO IS A VICTIM  OF  DOMESTIC  VIOLENCE,  PROVIDED
THAT  THE  EMPLOYEE  IS  NOT  THE  PERPETRATOR  OF THE DOMESTIC VIOLENCE
AGAINST THE CHILD; OR
  (II) OBTAINING SERVICES FROM A DOMESTIC VIOLENCE SHELTER, PROGRAM,  OR
RAPE CRISIS CENTER AS A RESULT OF DOMESTIC VIOLENCE; OR
  (III)  OBTAINING  PSYCHOLOGICAL  COUNSELING  RELATED TO AN INCIDENT OR
INCIDENTS OF DOMESTIC VIOLENCE, INCLUDING FOR A CHILD WHO IS A VICTIM OF
DOMESTIC VIOLENCE, PROVIDED THAT THE EMPLOYEE IS NOT THE PERPETRATOR  OF
THE DOMESTIC VIOLENCE AGAINST THE CHILD; OR
  (IV)  PARTICIPATING  IN  SAFETY  PLANNING  AND TAKING OTHER ACTIONS TO
INCREASE SAFETY FROM FUTURE INCIDENTS OF  DOMESTIC  VIOLENCE,  INCLUDING
TEMPORARY OR PERMANENT RELOCATION; OR
  (V)  OBTAINING  LEGAL  SERVICES,  ASSISTING  IN THE PROSECUTION OF THE
OFFENSE, OR APPEARING IN COURT IN RELATION TO THE INCIDENT OR  INCIDENTS
OF DOMESTIC VIOLENCE.
  (3)  AN EMPLOYER IS REQUIRED TO PROVIDE A REASONABLE ACCOMMODATION FOR
AN EMPLOYEE'S ABSENCE IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPHS
ONE AND TWO OF THIS PARAGRAPH UNLESS THE EMPLOYER CAN  DEMONSTRATE  THAT
THE EMPLOYEE'S ABSENCE WOULD CONSTITUTE AN UNDUE HARDSHIP TO THE EMPLOY-
ER.  A DETERMINATION OF WHETHER SUCH AN ABSENCE WILL CONSTITUTE AN UNDUE
HARDSHIP SHALL INCLUDE CONSIDERATION OF FACTORS SUCH AS:
  (I) THE OVERALL SIZE OF  THE  BUSINESS,  PROGRAM  OR  ENTERPRISE  WITH
RESPECT  TO  THE NUMBER OF EMPLOYEES, NUMBER AND TYPE OF FACILITIES, AND
SIZE OF BUDGET; AND
  (II) THE TYPE OF OPERATION IN WHICH THE BUSINESS,  PROGRAM  OR  ENTER-
PRISE  IS  ENGAGED, INCLUDING THE COMPOSITION AND STRUCTURE OF THE WORK-
FORCE.
  (4) AN EMPLOYEE WHO MUST BE ABSENT FROM WORK IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  SUBPARAGRAPH  ONE  OF  THIS  PARAGRAPH SHALL PROVIDE THE

A. 9018                             3

EMPLOYER WITH REASONABLE  ADVANCE  NOTICE  OF  THE  EMPLOYEE'S  ABSENCE,
UNLESS SUCH ADVANCE NOTICE IS NOT FEASIBLE.
  (5)  AN  EMPLOYEE  WHO MUST BE ABSENT FROM WORK IN ACCORDANCE WITH THE
PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH AND WHO CANNOT FEASIBLY
GIVE REASONABLE ADVANCE NOTICE OF THE ABSENCE IN ACCORDANCE WITH SUBPAR-
AGRAPH FOUR OF THIS PARAGRAPH MUST, WITHIN A REASONABLE TIME  AFTER  THE
ABSENCE,  PROVIDE  A CERTIFICATION TO THE EMPLOYER WHEN REQUESTED BY THE
EMPLOYER.
  SUCH CERTIFICATION SHALL BE IN THE FORM OF:
  (I) A POLICE REPORT INDICATING THAT  THE  EMPLOYEE  WAS  A  VICTIM  OF
DOMESTIC VIOLENCE;
  (II)  A  COURT  ORDER  PROTECTING  OR SEPARATING THE EMPLOYEE FROM THE
PERPETRATOR OF AN ACT OF DOMESTIC VIOLENCE;
  (III) OTHER EVIDENCE FROM THE COURT OR PROSECUTING ATTORNEY  THAT  THE
EMPLOYEE APPEARED IN COURT; OR
  (IV)  DOCUMENTATION  FROM  A  MEDICAL  PROFESSIONAL, DOMESTIC VIOLENCE
ADVOCATE, HEALTH CARE PROVIDER,  OR  COUNSELOR  THAT  THE  EMPLOYEE  WAS
UNDERGOING  COUNSELING  OR  TREATMENT FOR PHYSICAL OR MENTAL INJURIES OR
ABUSE RESULTING IN VICTIMIZATION FROM AN ACT OF DOMESTIC VIOLENCE.
  (6) WHERE AN EMPLOYEE HAS A PHYSICAL OR  MENTAL  DISABILITY  RESULTING
FROM  AN  INCIDENT  OR  SERIES  OF  INCIDENTS OF DOMESTIC VIOLENCE, SUCH
EMPLOYEE SHALL BE TREATED IN THE SAME MANNER AS  AN  EMPLOYEE  WITH  ANY
OTHER  DISABILITY,  PURSUANT  TO  THE  PROVISIONS  OF THIS SECTION WHICH
PROVIDE THAT DISCRIMINATION AND REFUSAL TO PROVIDE  REASONABLE  ACCOMMO-
DATION OF DISABILITY ARE UNLAWFUL DISCRIMINATORY PRACTICES.
  (D)  TO THE EXTENT ALLOWED BY LAW, EMPLOYERS SHALL MAINTAIN THE CONFI-
DENTIALITY OF ANY INFORMATION REGARDING AN EMPLOYEE'S STATUS AS A VICTIM
OF DOMESTIC VIOLENCE.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2009-A9018A (ACTIVE) - Details

See Senate Version of this Bill:: S6000
Law Section:: Executive Law
Laws Affected:: Rpld & add §292 sub 34, amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2348, S3814
2013-2014: A898, S3371
2015-2016: A272, S2094
2017-2018: A1481, S1247
2019-2020: A5618

2009-A9018A (ACTIVE) - Summary

Defines "victim of domestic violence"; prohibits employers from discriminating against victims of domestic violence.

2009-A9018A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9018A

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 law relating thereto

PURPOSE:  This  bill  would  prohibit  discrimination against victims of
domestic violence in employment and provide a limited reasonable  accom-
modation provision.

SUMMARY  OF  PROVISIONS: Section 1 of the bill would amend Executive Law
§292 by revising its subdivision 34 to better define the term "victim of
domestic violence."

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:  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.  Nearly  165,000
orders  of  protection were issued in domestic violence cases in family,
criminal and supreme courts in 2007 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, with over 550
police departments, 200 emergency rooms, 150 domestic  violence  service
providers,  99  domestic violence hotlines and 1,000 specialized courts,
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.

BUDGETARY  IMPLICATIONS:  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.

2009-A9018A (ACTIVE) - Bill Text download pdf

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

                                 9018--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 19, 2009
                               ___________

Introduced  by  M.  of A. JOHN, DESTITO, WEINSTEIN, PAULIN, SCHROEDER --
  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, in relation to prohibiting employers
  from discriminating against  victims  of  domestic  violence;  and  to
  repeal certain provisions of law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 34 of section 292  of  the  executive  law  is
REPEALED and a new subdivision 34 is added to read as follows:
  34.  THE  TERM  "VICTIM  OF DOMESTIC VIOLENCE" MEANS A PERSON WHO IS A
VICTIM OF AN ACT WHICH WOULD CONSTITUTE A VIOLATION OF  THE  PENAL  LAW,
INCLUDING,  BUT  NOT LIMITED TO, AN ACT AS DEFINED IN SUBDIVISION ONE OF
SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT, WHERE SUCH ACT  IS
OR HAS ALLEGED TO HAVE BEEN COMMITTED BY A FAMILY OR HOUSEHOLD MEMBER AS
DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY
COURT ACT.
  S  2.  Paragraph  (a) of subdivision 1 of section 296 of the executive
law, as amended by chapter 80 of the laws of 2009, is amended to read as
follows:
  (a) For an employer or licensing agency, because  of  an  individual's
age,  race,  creed, color, national origin, sexual orientation, military
status, sex, disability, predisposing genetic  characteristics,  marital
status,  or  STATUS AS A VICTIM OF domestic violence [victim status], to
refuse to hire or employ or to bar or to discharge from employment  such
individual or to discriminate against such individual in compensation or
in terms, conditions or privileges of employment.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12104-06-0

A. 9018--A                          2

  S 3. Subdivision 20 of section 296 of the executive law, as renumbered
by  chapter  204 of the laws of 1996, is renumbered subdivision 21 and a
new subdivision 20 is added to read as follows:
  20. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOY-
ER  OR  LICENSING AGENCY, BECAUSE OF ANY INDIVIDUAL'S STATUS AS A VICTIM
OF DOMESTIC VIOLENCE, TO REFUSE TO HIRE OR EMPLOY OR LICENSE OR  TO  BAR
OR  TO  DISCHARGE  FROM  EMPLOYMENT  SUCH  INDIVIDUAL OR TO DISCRIMINATE
AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
ILEGES OF EMPLOYMENT.
  (B) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR CIRCU-
LATED ANY STATEMENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY FORM OF
APPLICATION FOR EMPLOYMENT OR TO MAKE ANY  INQUIRY  IN  CONNECTION  WITH
PROSPECTIVE  EMPLOYMENT  WHICH  EXPRESSES,  DIRECTLY  OR INDIRECTLY, ANY
LIMITATION, SPECIFICATION OR DISCRIMINATION AS TO STATUS AS A VICTIM  OF
DOMESTIC VIOLENCE, OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICA-
TION  OR  DISCRIMINATION;  PROVIDED,  HOWEVER, THAT NO PROVISION OF THIS
SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT THE EMPLOYER FROM MAKING  ANY
INQUIRY OR OBTAINING INFORMATION FOR THE PURPOSE OF PROVIDING ASSISTANCE
TO,  OR  A REASONABLE ACCOMMODATION IN ACCORDANCE WITH THE PROVISIONS OF
THIS SUBDIVISION TO, A VICTIM OF DOMESTIC VIOLENCE.
  (C)(1) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER
TO REFUSE TO PROVIDE A REASONABLE ACCOMMODATION TO AN  EMPLOYEE  WHO  IS
KNOWN  BY  THE  EMPLOYER TO BE A VICTIM OF DOMESTIC VIOLENCE, LIMITED TO
THOSE ACCOMMODATIONS SET FORTH IN SUBPARAGRAPH TWO  OF  THIS  PARAGRAPH,
WHEN  SUCH  EMPLOYEE  MUST  BE  ABSENT  FROM WORK FOR A REASONABLE TIME,
UNLESS SUCH ABSENCE WOULD CAUSE AN UNDUE HARDSHIP TO THE EMPLOYER AS SET
FORTH IN SUBPARAGRAPH THREE OF THIS PARAGRAPH,  PROVIDED,  HOWEVER  THAT
THE  EMPLOYER MAY REQUIRE AN EMPLOYEE TO CHARGE ANY TIME OFF PURSUANT TO
THIS SECTION AGAINST ANY LEAVE WITH PAY ORDINARILY GRANTED, WHERE AVAIL-
ABLE, UNLESS OTHERWISE PROVIDED FOR IN A COLLECTIVE BARGAINING AGREEMENT
OR EXISTING EMPLOYEE HANDBOOK OR  POLICY,  AND  ANY  SUCH  ABSENCE  THAT
CANNOT  BE CHARGED MAY BE TREATED AS LEAVE WITHOUT PAY.  AN EMPLOYEE WHO
MUST BE ABSENT FROM WORK IN ACCORDANCE WITH  SUBPARAGRAPH  TWO  OF  THIS
PARAGRAPH  SHALL BE ENTITLED TO THE CONTINUATION OF ANY HEALTH INSURANCE
COVERAGE PROVIDED BY THE EMPLOYER, TO WHICH THE  EMPLOYEE  IS  OTHERWISE
ENTITLED DURING ANY SUCH ABSENCE.
  (2)  AN  EMPLOYER IS REQUIRED TO PROVIDE A REASONABLE ACCOMMODATION TO
AN EMPLOYEE WHO IS A VICTIM OF DOMESTIC VIOLENCE WHO MUST BE ABSENT FROM
WORK FOR A REASONABLE TIME, IN ACCORDANCE WITH THE PROVISIONS OF SUBPAR-
AGRAPH ONE OF THIS PARAGRAPH, LIMITED TO THE FOLLOWING:
  (I) SEEKING MEDICAL ATTENTION FOR INJURIES CAUSED BY DOMESTIC VIOLENCE
INCLUDING FOR A CHILD WHO IS A VICTIM  OF  DOMESTIC  VIOLENCE,  PROVIDED
THAT  THE  EMPLOYEE  IS  NOT  THE  PERPETRATOR  OF THE DOMESTIC VIOLENCE
AGAINST THE CHILD; OR
  (II) OBTAINING SERVICES FROM A DOMESTIC VIOLENCE SHELTER, PROGRAM,  OR
RAPE CRISIS CENTER AS A RESULT OF DOMESTIC VIOLENCE; OR
  (III)  OBTAINING  PSYCHOLOGICAL  COUNSELING  RELATED TO AN INCIDENT OR
INCIDENTS OF DOMESTIC VIOLENCE, INCLUDING FOR A CHILD WHO IS A VICTIM OF
DOMESTIC VIOLENCE, PROVIDED THAT THE EMPLOYEE IS NOT THE PERPETRATOR  OF
THE DOMESTIC VIOLENCE AGAINST THE CHILD; OR
  (IV)  PARTICIPATING  IN  SAFETY  PLANNING  AND TAKING OTHER ACTIONS TO
INCREASE SAFETY FROM FUTURE INCIDENTS OF  DOMESTIC  VIOLENCE,  INCLUDING
TEMPORARY OR PERMANENT RELOCATION; OR

A. 9018--A                          3

  (V)  OBTAINING  LEGAL  SERVICES,  ASSISTING  IN THE PROSECUTION OF THE
OFFENSE, OR APPEARING IN COURT IN RELATION TO THE INCIDENT OR  INCIDENTS
OF DOMESTIC VIOLENCE.
  (3)  AN EMPLOYER IS REQUIRED TO PROVIDE A REASONABLE ACCOMMODATION FOR
AN EMPLOYEE'S ABSENCE IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPHS
ONE AND TWO OF THIS PARAGRAPH UNLESS THE EMPLOYER CAN  DEMONSTRATE  THAT
THE EMPLOYEE'S ABSENCE WOULD CONSTITUTE AN UNDUE HARDSHIP TO THE EMPLOY-
ER.  A DETERMINATION OF WHETHER SUCH AN ABSENCE WILL CONSTITUTE AN UNDUE
HARDSHIP SHALL INCLUDE CONSIDERATION OF FACTORS SUCH AS:
  (I) THE OVERALL SIZE OF  THE  BUSINESS,  PROGRAM  OR  ENTERPRISE  WITH
RESPECT  TO  THE NUMBER OF EMPLOYEES, NUMBER AND TYPE OF FACILITIES, AND
SIZE OF BUDGET; AND
  (II) THE TYPE OF OPERATION IN WHICH THE BUSINESS,  PROGRAM  OR  ENTER-
PRISE  IS  ENGAGED, INCLUDING THE COMPOSITION AND STRUCTURE OF THE WORK-
FORCE.
  (4) AN EMPLOYEE WHO MUST BE ABSENT FROM WORK IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  SUBPARAGRAPH  ONE  OF  THIS  PARAGRAPH SHALL PROVIDE THE
EMPLOYER WITH REASONABLE  ADVANCE  NOTICE  OF  THE  EMPLOYEE'S  ABSENCE,
UNLESS SUCH ADVANCE NOTICE IS NOT FEASIBLE.
  (5)  AN  EMPLOYEE  WHO MUST BE ABSENT FROM WORK IN ACCORDANCE WITH THE
PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH AND WHO CANNOT FEASIBLY
GIVE REASONABLE ADVANCE NOTICE OF THE ABSENCE IN ACCORDANCE WITH SUBPAR-
AGRAPH FOUR OF THIS PARAGRAPH MUST, WITHIN A REASONABLE TIME  AFTER  THE
ABSENCE,  PROVIDE  A CERTIFICATION TO THE EMPLOYER WHEN REQUESTED BY THE
EMPLOYER.
  SUCH CERTIFICATION SHALL BE IN THE FORM OF:
  (I) A POLICE REPORT INDICATING THAT  THE  EMPLOYEE  WAS  A  VICTIM  OF
DOMESTIC VIOLENCE;
  (II)  A  COURT  ORDER  PROTECTING  OR SEPARATING THE EMPLOYEE FROM THE
PERPETRATOR OF AN ACT OF DOMESTIC VIOLENCE;
  (III) OTHER EVIDENCE FROM THE COURT OR PROSECUTING ATTORNEY  THAT  THE
EMPLOYEE APPEARED IN COURT; OR
  (IV)  DOCUMENTATION  FROM  A  MEDICAL  PROFESSIONAL, DOMESTIC VIOLENCE
ADVOCATE, HEALTH CARE PROVIDER,  OR  COUNSELOR  THAT  THE  EMPLOYEE  WAS
UNDERGOING  COUNSELING  OR  TREATMENT FOR PHYSICAL OR MENTAL INJURIES OR
ABUSE RESULTING IN VICTIMIZATION FROM AN ACT OF DOMESTIC VIOLENCE.
  (6) WHERE AN EMPLOYEE HAS A PHYSICAL OR  MENTAL  DISABILITY  RESULTING
FROM  AN  INCIDENT  OR  SERIES  OF  INCIDENTS OF DOMESTIC VIOLENCE, SUCH
EMPLOYEE SHALL BE TREATED IN THE SAME MANNER AS  AN  EMPLOYEE  WITH  ANY
OTHER  DISABILITY,  PURSUANT  TO  THE  PROVISIONS  OF THIS SECTION WHICH
PROVIDE THAT DISCRIMINATION AND REFUSAL TO PROVIDE  REASONABLE  ACCOMMO-
DATION OF DISABILITY ARE UNLAWFUL DISCRIMINATORY PRACTICES.
  (D)  TO THE EXTENT ALLOWED BY LAW, EMPLOYERS SHALL MAINTAIN THE CONFI-
DENTIALITY OF ANY INFORMATION REGARDING AN EMPLOYEE'S STATUS AS A VICTIM
OF DOMESTIC VIOLENCE.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Assembly Bill A9018

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Jun 16, 2010 - Floor Vote

Floor Vote: Jun 16, 2010

Bill Amendments

co-Sponsors

2009-A9018 - Details

2009-A9018 - Summary

2009-A9018 - Sponsor Memo

2009-A9018 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A9018A (ACTIVE) - Details

2009-A9018A (ACTIVE) - Summary

2009-A9018A (ACTIVE) - Sponsor Memo

2009-A9018A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A9018

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Sponsored By

JOHN

Archive: Last Bill Status - Vetoed by Governor

Bill Amendments

co-Sponsors

RoAnn Destito

Helene Weinstein

Amy Paulin

Mark J.F. Schroeder

2009-A9018 - Details

2009-A9018 - Summary

2009-A9018 - Sponsor Memo

2009-A9018 - Bill Text download pdf

co-Sponsors

RoAnn Destito

Helene Weinstein

Amy Paulin

Mark J.F. Schroeder

multi-Sponsors

John McEneny

2009-A9018A (ACTIVE) - Details

2009-A9018A (ACTIVE) - Summary

2009-A9018A (ACTIVE) - Sponsor Memo

2009-A9018A (ACTIVE) - Bill Text download pdf

Comments