Assembly Bill A755

                                BILL NUMBER:A755A

TITLE OF BILL:
An act to amend the executive law, in relation to prohibiting
employers from discriminating against victims of domestic violence or
stalking based upon status as a domestic violence victim

PURPOSE OR GENERAL IDEA OF BILL:
To help protect victims of domestic violence or stalking from
discrimination with regard to hiring and employment practices so they
may have the ability to deal with the unique circumstances of their
lives, achieve financial independence from their abuser and
participate more fully in the economy.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends paragraph (a) of subdivision one of section 296 of
the executive law, as amended by chapter 75 of the laws of 2005, by
adding domestic violence victim status to the list of protected
classes who shall not be discriminated against by an employer or
licensing agency in terms of hiring or employment practices.  Section
one also amends paragraph (a) by making a small grammatical change by
reacting the phrase "of any individual" from line 7 and replacing it
with the phrase "an individual's" on lines 4-5.

Section two amends section 292 of the executive law by adding a new
subdivision 34 which defines the term "domestic violence victim."
              

JUSTIFICATION:
This bill is intended to protect the economic viability of victims of
domestic violence and to support their efforts to gain independence
from their abusers.  Many women stay with their abuser because they
lack alternative financial resources for themselves and their
children.  Escaping an abusive relationship often depends on financial
independence, which means finding and keeping a job.  It is not
unusual for a victim of domestic violence to need time away from work
to confer with an attorney or domestic violence counselor, appear in
court, seek medical attention, arrange for alternative housing or
recuperate from injuries.  Often a victim of domestic violence is
embarrassed or fears losing her job and, therefore, is reluctant to
inform her employer of the circumstances of her life.  It is not
unusual for a victim of domestic violence to be terminated from her
job or demoted because she needs time of or flexible hours as a
protective measure.  This legislation will make it unlawful for an
employer or licensing agency to discriminate against victims of
domestic violence in hiring or employment practices, helping to ensure
the safety as well as the economic viability of victims.

The city of New York recently amended title 8 of the administrative
code by making it an unlawful discriminatory practice for an employer
to refuse to hire, discharge from employment or discriminate against
an individual in compensation or other employment practices because of
such individual's actual or perceived status as a victim of domestic
violence, realizing that the change in the code is economically
beneficial to both the city and the individual victims of domestic
violence.


PRIOR LEGISLATIVE HISTORY:
A.1222A, 2007 AND 2008 passed Assembly.  A.4611-C, 2005 referred to
codes, and 2006 ordered to third reading.

FISCAL IMPLICATION:
None to the state.  This bill would be financially beneficial to
individuals and to employers by reducing job turnover.

EFFECTIVE DATE:
Immediately.