NY State Senate Bill 2017-S5565A

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
May 01, 2017	print number 5565a
May 01, 2017	amend and recommit to investigations and government operations
Apr 12, 2017	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2017-S5565 - Details

See Assembly Version of this Bill:: A1481
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Rpld & add §292 sub 34, amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9018
2011-2012: S5526, A2348
2013-2014: S3385, A898
2015-2016: S2027, A272
2019-2020: S1040, A5618

2017-S5565 - Summary

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

2017-S5565 - Sponsor Memo

                                 BILL NUMBER:  S5565

 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 BILLOFF:
                              ____

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
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 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
measure 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
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.

 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.

2017-S5565 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5565
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2017
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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:
 
   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" SHALL HAVE THE SAME MEANING
 AS IS ASCRIBED TO SUCH TERM BY SECTION FOUR HUNDRED FIFTY-NINE-A OF  THE
 SOCIAL SERVICES LAW.
   §  2.  Paragraph  (a) of subdivision 1 of section 296 of the executive
 law, as amended by chapter 365 of the laws of 2015, 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, [familial
 status,]  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 individ-
 ual in compensation or in terms, conditions or privileges of employment.
   §  3.  Section  296  of  the  executive law is amended by adding a new
 subdivision 22 to read as follows:
   22. (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02842-02-7

 S. 5565                             2
 
   (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
   (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:

 S. 5565                             3
 
   (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 OR HIS OR HER CHILD
 WAS A VICTIM OF DOMESTIC VIOLENCE;
   (II) A COURT ORDER PROTECTING OR SEPARATING THE EMPLOYEE OR HIS OR HER
 CHILD 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 OR HIS OR
 HER CHILD 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.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

2017-S5565A (ACTIVE) - Details

See Assembly Version of this Bill:: A1481
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Rpld & add §292 sub 34, amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9018
2011-2012: S5526, A2348
2013-2014: S3385, A898
2015-2016: S2027, A272
2019-2020: S1040, A5618

2017-S5565A (ACTIVE) - Summary

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

2017-S5565A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5565A

 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 reasonable 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
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 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
measure 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. 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, 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.

 LEGISLATIVE HISTORY :

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.

2017-S5565A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5565--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2017
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  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 such 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" SHALL HAVE THE SAME MEANING
 AS  IS ASCRIBED TO SUCH TERM BY SECTION FOUR HUNDRED FIFTY-NINE-A OF THE
 SOCIAL SERVICES LAW.
   § 2. Paragraph (a) of subdivision 1 of section 296  of  the  executive
 law,  as  amended by chapter 365 of the laws of 2015, 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,  familial
 status,  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 individ-
 ual in compensation or in terms, conditions or privileges of employment.
   §  3.  Section  296  of  the  executive law is amended by adding a new
 subdivision 22 to read as follows:
   22. (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02842-04-7

 S. 5565--A                          2
 
 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
   (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:

 S. 5565--A                          3
 
   (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 OR HIS OR HER CHILD
 WAS A VICTIM OF DOMESTIC VIOLENCE;
   (II) A COURT ORDER PROTECTING OR SEPARATING THE EMPLOYEE OR HIS OR HER
 CHILD 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 OR HIS OR
 HER CHILD 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.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5565A

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

2017-S5565 - Details

2017-S5565 - Summary

2017-S5565 - Sponsor Memo

2017-S5565 - Bill Text download pdf

co-Sponsors

2017-S5565A (ACTIVE) - Details

2017-S5565A (ACTIVE) - Summary

2017-S5565A (ACTIVE) - Sponsor Memo

2017-S5565A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5565A

Share this bill

Sponsored By

Roxanne J. Persaud

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

2017-S5565 - Details

2017-S5565 - Summary

2017-S5565 - Sponsor Memo

2017-S5565 - Bill Text download pdf

co-Sponsors

Neil D. Breslin

Rich Funke

Liz Krueger

David J. Valesky

2017-S5565A (ACTIVE) - Details

2017-S5565A (ACTIVE) - Summary

2017-S5565A (ACTIVE) - Sponsor Memo

2017-S5565A (ACTIVE) - Bill Text download pdf

Comments