Prohibits employers from discriminating against victims of domestic violence or stalking

Title of bill

An act to amend the executive law, in relation to prohibiting employers from discriminating against victims of domestic violence or stalking

Purpose

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 provisions

Section one amends paragraph (a) of subdivision 1 of section 296 of the executive law 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 31 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 jab 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.

Legislative history

2008: Passed Senate 2007: Passed Senate 2006: Passed Senate 2005: S.7310 Referred to Investigations and Government Operations

Fiscal implications

None to the State.

Effective date

Immediately.