S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7234
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced by M. of A. DAVILA -- read once and referred to the Committee
   on Governmental 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 REPEALED and a new subdivision 34 is added to read as follows: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.
   §  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 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
 OF DOMESTIC VIOLENCE, TO REFUSE TO HIRE OR EMPLOY OR LICENSE OR  TO  BAR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02142-01-7

 A. 7234                             2
 
 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-

 A. 7234                             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.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.