NY State Senate Bill 2009-S958

Senate Bill S958

Signed By Governor

2009-2010 Legislative Session

Provides that a person may not be discriminated against for being a domestic violence victim

download bill text pdf

Archive: Last Bill Status Via A755 - Signed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 07, 2009	approval memo.5 signed chap.80
Jun 25, 2009	delivered to governor
May 06, 2009	returned to assembly passed senate
Apr 28, 2009	3rd reading cal.8 substituted for s958b
Apr 28, 2009	substituted by a755a
Apr 22, 2009	amended on third reading 958b
Apr 22, 2009	vote reconsidered - restored to third reading returned to senate recalled from assembly
Feb 23, 2009	referred to governmental operations delivered to assembly passed senate
Feb 10, 2009	amended on third reading (t) 958a
Feb 05, 2009	advanced to third reading
Feb 04, 2009	2nd report cal.
Feb 03, 2009	1st report cal.8
Jan 22, 2009	referred to investigations and government operations

Votes

- May 6, 2009 - Floor Vote
  A755
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 6, 2009
      
      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
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Little
  Feb 23, 2009 - Floor Vote
  S958
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 23, 2009
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Fuschillo

Bill Amendments

Original

B (Active)

2009-S958 - Details

2009-S958 - Summary

Prohibits an employer or licensing agency, because of the actual or perceived status of an individual as a victim of domestic violence or stalking, to refuse to hire or employ or to bar or to discharge from employment an individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.

2009-S958 - Sponsor Memo

                                 BILL NUMBER:  S958

 TITLE OF BILL :
An act to amend the executive law, in relation to prohibiting
discrimination based upon status as a domestic violence victim


 PURPOSE OR GENERAL IDEA OF BILL :
To protect victims of domestic violence and stalking from being
terminated from their job due to their status as a victim of domestic
violence/stalking so that 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 1 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 two amends section 292 of the executive law by adding a new
subdivision 34 which defines the term "domestic violence victim."

Section three provides that this act shall take effect immediately.

 JUSTIFICATION :
The intended purpose of this legislation is to assist victims of
domestic violence and stalking to achieve financial independence from
their abusers by prohibiting employers from asking individuals about
their status as a victim of domestic violence.

The lack of financial independence for many women in abusive
relationships is often the reason why women stay with their abusers -
they see no alternative for them or their children.

Victims of domestic violence who do leave their abusive relationship,
are often put in the position of needing time away from work in order
to consult with attorneys, counselors, child care providers, etc., in
an effort to gain a life of their own. 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 off 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.

This law already exists in New York City. This legislation would
extend this practice on a statewide level.

 PRIOR LEGISLATIVE HISTORY :
2007-08: S.8274 Referred to Investigations & Government Operations

 FISCAL IMPLICATION :
None.

 EFFECTIVE DATE :
Immediately.

2009-S958 - Bill Text download pdf

2009-S958A - Details

2009-S958A - Summary

2009-S958A - Sponsor Memo

                                 BILL NUMBER:  S958A

 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 protect victims of domestic violence and stalking from being
terminated from their job due to their status as a victim of domestic
violence/stalking so that 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 1 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 two amends section 292 of the executive law by adding a new
subdivision 34 which defines the term "domestic violence victim."

Section three provides that this act shall take effect immediately.

 JUSTIFICATION :
The intended purpose of this legislation is to assist victims of
domestic violence and stalking to achieve financial independence from
their abusers by prohibiting employers from asking individuals about
their status as a victim of domestic violence.

The lack of financial independence for many women in abusive
relationships is often the reason why women stay with their abusers -
they see no alternative for them or their children.

Victims of domestic violence who do leave their abusive relationship,
are often put in the position of needing time away from work in order
to consult with attorneys, counselors, child care providers, etc., in
an effort to gain a life of their own. 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 off 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.

This law already exists in New York City. This legislation would
extend this practice on a statewide level.

 PRIOR LEGISLATIVE HISTORY :
2007-08: S.8274 Referred to Investigations & Government operations

 FISCAL IMPLICATION :
None.

 EFFECTIVE DATE :
Immediately.

2009-S958A - Bill Text download pdf

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

                                 958--A
    Cal. No. 8

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sens.  C. JOHNSON, ADAMS, DIAZ, DUANE, KRUEGER, ONORATO,
  PARKER -- read twice and ordered  printed,  and  when  printed  to  be
  committed to the Committee on Investigations and Government Operations
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

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

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

  Section 1. Paragraph (a) of subdivision 1 of section 296 of the execu-
tive  law,  as  amended by chapter 75 of the laws of 2005, is amended to
read as follows:
  (a) For an employer or licensing agency, because of [the] AN  INDIVID-
UAL'S  age,  race,  creed,  color,  national origin, sexual orientation,
military status, sex, disability, predisposing genetic  characteristics,
[or]  marital  status  [of  any individual], OR 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.
  S  2.  Section  292  of  the  executive law is amended by adding a new
subdivision 34 to read as follows:
  34. THE TERM "DOMESTIC VIOLENCE VICTIM" MEANS AN INDIVIDUAL WHO  IS  A
VICTIM   OF  DOMESTIC  VIOLENCE  AS  DEFINED  IN  SECTION  FOUR  HUNDRED
FIFTY-NINE-A OF THE SOCIAL SERVICES LAW, OR STALKING AS DEFINED IN ARTI-
CLE ONE HUNDRED TWENTY OF THE PENAL LAW.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05975-02-9

co-Sponsors

View additional co-sponsors

2009-S958B (ACTIVE) - Details

2009-S958B (ACTIVE) - Summary

2009-S958B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S958B

 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 protect victims of domestic violence and stalking from being
terminated from their job due to their status as a victim of domestic
violence/stalking so that 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 1 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 two amends section 292 of the executive law by adding a new
subdivision 34 which defines the term "domestic violence victim."

Section three provides that this act shall take effect immediately.

 JUSTIFICATION :
The intended purpose of this legislation is to assist victims of
domestic violence and stalking to achieve financial independence from
their abusers by prohibiting employers from asking individuals about
their status as a victim of domestic violence.

The lack of financial independence for many women in abusive
relationships is often the reason why women stay with their abusers -
they see no alternative for them or their children.

Victims of domestic violence who do leave their abusive relationship,
are often put in the position of needing time away from work in order
to consult with attorneys, counselors, child care providers, etc., in
an effort to gain a life of their own. 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 off 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.

This law already exists in New York City. This legislation would
extend this practice on a statewide level.

 PRIOR LEGISLATIVE HISTORY :
2007-08: S.8274 Referred to Investigations & Government operations

 FISCAL IMPLICATION :
None.

 EFFECTIVE DATE :
Immediately.

2009-S958B (ACTIVE) - Bill Text download pdf

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

                                 958--B
    Cal. No. 8

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sens.  C. JOHNSON, ADAMS, DIAZ, DUANE, KRUEGER, ONORATO,
  PARKER, THOMPSON -- read twice and ordered printed, and  when  printed
  to  be  committed  to  the  Committee on Investigations and Government
  Operations -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading -- passed
  by  Senate and delivered to the Assembly, recalled, vote reconsidered,
  restored to third reading, amended and  ordered  reprinted,  retaining
  its place in the order of third reading

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

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

  Section 1. Paragraph (a) of subdivision 1 of section 296 of the execu-
tive law, as amended by chapter 75 of the laws of 2005,  is  amended  to
read as follows:
  (a)  For an employer or licensing agency, because of [the] AN INDIVID-
UAL'S age, race, creed,  color,  national  origin,  sexual  orientation,
military  status, sex, disability, predisposing genetic characteristics,
[or] marital status [of any individual],  OR  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.
  S 2. Section 292 of the executive law  is  amended  by  adding  a  new
subdivision 34 to read as follows:
  34.  THE  TERM  "DOMESTIC VIOLENCE VICTIM", WHEN USED IN THIS ARTICLE,
MEANS AN INDIVIDUAL WHO IS A VICTIM OF AN ACT WHICH WOULD  CONSTITUTE  A
FAMILY  OFFENSE  PURSUANT  TO  SUBDIVISION  ONE OF SECTION EIGHT HUNDRED
TWELVE OF THE FAMILY COURT ACT.
  S 3. This act shall take effect immediately.

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

                                                           LBD05975-03-9

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