senate Bill S3371

2013-2014 Legislative Session

Relates to domestic violence; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Feb 01, 2013 referred to investigations and government operations

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S3371 - Bill Details

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 Previous Legislative Sessions:
2011-2012: S3814
2009-2010: S6000A

S3371 - Bill Texts

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

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BILL NUMBER:S3371

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: 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 s 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, as amended by
chapter 80 of the laws of 2009 by preventing an employer or licensing
agency from discriminating in hiring or discharging someone based on the
"status as a victim" of domestic violence.

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 inci-
dents are reported to law enforcement in New York, and approximately
300,000 calls are received by hotlines throughout the State, As of 2007,
there were nearly 165,000 orders of protection issued in domestic
violence cases in family, criminal and supreme courts.

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 of where
such leave credits are unavailable, take unpaid leave.

BUDGETARY IMPLICATIONS: This bill is not expected to have a material
impact on State finances.

PRIOR LEGISLATIVE HISTORY: 2009-10: S.6000-A/A.9018-A(John) - veto memo
6759

EFFECTIVE DATE: This bill would take effect ninety days after it
becomes a law.

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

                                  3371

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by Sens. HASSELL-THOMPSON, KRUEGER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations and Government 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" 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  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.
  S 3. Section 296 of the executive law  is  amended  by  adding  a  new
subdivision 20 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06402-01-3

S. 3371                             2

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
  (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-

S. 3371                             3

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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