Relates to domestic violence; repealer

Summary of provisions

Section 1 of the bill would amend Executive Law §292 by revising its subdivision 34 to better define the term "victim of domestic violence."

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

Budgetary implications

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.