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History
- Referred to labor
- Referred to rules
Full text
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Sponsor's memo
BILL NUMBER:S5806
Title of bill
An act to amend the labor law, in relation to the prohibition of differential pay because of sex (Part A); to amend the executive law, in relation to unlawful discriminatory practices (Part B); to amend the executive law, in relation to the provision of attorney's fees in cases of housing, employment or credit discrimination; to amend the executive law, in relation to the awarding of reasonable attorney's fees (Part C); to amend the executive law, in relation to the unlawful discriminatory practice because of familial status (Part D); to direct the division of housing and community renewal to review the Section 8 Housing Choice Voucher Administrative Plan (Part E); to amend the domestic relations law, the family court act and the criminal procedure law, in relation to the scope of orders of protection and temporary orders of protection (Part F); to amend the family court act and the judiciary law, in relation to establishing a pilot program for the filing of petitions for temporary orders of protection by electronic means and for issuance of such orders ex parte by audio-visual means; and to amend the executive law, in relation to review and reports by the chief administrator of the courts (Part G); to amend the penal law, the criminal procedure law, the social services law, the civil practice law and rules, the mental hygiene law, the correction law, the vehicle and traffic law, the public health law, the real property actions and proceedings law, and the real property law, in relation to enacting the "trafficking victims protection and justice act"; to amend the penal law, in relation to prostitution in a school zone; to amend the executive law, in relation to human trafficking awareness and to amend the criminal procedure law, in relation to persons charged with prostitution and loitering for the purpose of prostitution (Part H); to amend the executive law, in relation to reasonable accommodation (Part I); to amend the civil service law, in relation to discriminatory practices where public employers compensate employees of different sexes differently for work that is of comparable worth (Part J); to amend the workers' compensation law and the insurance law, in relation to providing six weeks of disability benefits for the birth, adoption or placement of a child (Part K); to amend the tax law, in relation to the personal income tax credit for certain household and dependent care services necessary for gainful employment (Part L); to amend the social services law, in relation to the treatment of earned income of a child under the age of eighteen and the income of an eighteen, nineteen or twenty year old household member when determining the eligibility of a household for a child care subsidy (Part M); to amend the social services law, in relation to child care services for parents and caretakers who work a late shift (Part N); to direct the office of children and family services to examine, evaluate and make recommendations on the availability of day care for children; and providing for the repeal of such provisions upon expiration thereof (Part O); to amend the social services law, in relation to notice of inspection report for residential and non-residential child day care providers (Part P); to amend the economic development law, in relation to requiring development centers and entrepreneurship support centers to track the success of program participants; to amend the labor law, in relation to self employment activities for the purposes of unemployment claims; and to amend chapter 413 of the laws of 2003, amending the labor law relating to the self-employment assistance program and other matters, in relation to extending the expiration of
the provisions thereof (Part Q); to amend the social services law, in relation to requiring participants in public assistance employment programs to complete a course in financial literacy and personal finance (Part R); to amend the social services law, in relation to the composition of the interagency task force on human trafficking and their meetings; and to amend chapter 74 of the laws of 2007 amending the penal law, the criminal procedure law, the correction law, the social services law, and the executive law relating to human trafficking, in relation to extending the interagency task force on human trafficking (Part S); to amend the public health law, in relation to health care and wellness education and outreach programs for victims of sex offenses or victims of child pornography promotion (Part T); to amend the election law, in relation to authorizing registration records of victims of sexual violence to be kept confidential in certain cases (Part U); to amend the domestic relations law and the social services law, in relation to visitation and custody rights of a parent convicted of sexual assault (Part V); to amend the penal law, in relation to the definition of the term "sexual intercourse" as such term applies to sex offenses (Part W); to amend the penal law and the correction law, in relation to enacting "Brittany's Law" (Part X); to amend the retirement and social security law, in relation to certain members who re-enter public service (Part Y); to amend the labor law, in relation to the entitlement to unpaid leave of absence from employment for victims of domestic violence (Part Z); to amend the executive law, in relation to including certain information in the study of minority and women-owned business enterprise programs (Part AA); establishing the workforce guidance and information for women policy study; and providing for the repeal of such provisions upon expiration thereof (Part BB); to amend the social services law, in relation to notice requirements to families and providers when funding cuts are made (Part CC); to amend the public health law, in relation to breast cancer research (Part DD); to amend the public health law, in relation to establishing a women's health website (Part EE); and to amend the tax law, in relation to establishing a personal income tax credit for the adoption of a child (Part FF)
Read the full memo (2,360 words)
Summary of provisions
Achieve Pay Equity - Eliminates the ability of employers to point to "any other factor other than sex" to justify pay disparities, and instead requires that their pay decisions be based on legitimate reasons. In addition, this legislation would protect an employee's right to share wage information with other employees without being retaliated against, and increase damages to successful plaintiffs in pay equity discrimination cases.
Stop Sexual Harassment in All Workplaces - Bans sexual harassment in every workplace, regardless of the number of employees, so all workers are protected.
Remove Barriers to Remedying Discrimination - Allows successful plaintiffs to recover attorney's fees in employment or credit discrimination cases based on sex.
End Family Status Discrimination - Prohibits employers from denying employment or promotions to workers simply because they have children.
Stop Source-of-Income Discrimination - Requires the State to tailor policies regarding the Section 8 voucher program to encourage landlord participation, and therefore maximize a family's ability to secure safe and decent housing.
Stop Discrimination for Victims of Domestic Violence - Various provisions provided throughout that address victim of domestic violence issues, such as "Brittany's Law" and Domestic Violence Work Leave.
Protect Victims of Domestic Violence by Strengthening Order-of-Protection Laws - Prohibits the arrest of the protected party for violation of the order; creates a pilot program for filing of temporary orders of protection by video conferencing and; requires OCA to review court practices, procedures, services, regulations and laws with respect to crime victims.
Strengthen Human Trafficking Laws - Amends criminal statutes to replace "prostitute" with "person for prostitution" and to make the sections gender neutral, expands affirmative defenses and motions for vacating convictions, and creates a civil right of action for victims against their traffickers; amends age provisions to mirror sex offense statutes and treats prostitution and sex trafficking involving minors as sex offenses; raises penalties and provides more investigative and prosecutorial tools for labor and sex trafficking cases.
Stop Pregnancy Discrimination Once and for All - Creates specific protections for employees whose pregnancies result in medical conditions that require reasonable accommodations in the workplace.
Comparable Worth - Provides that it is "an unlawful discriminatory practice" for the state to pay certain public employees less than "other employees of the opposite sex are compensated for positions or titles which have a comparable worth."
Temporary Disability Insurance-paid Maternity - Amends Workers Compensation Law to increase temporary disability payments for maternity leave under temporary disability coverage.
Child and Dependent Care Tax Credit - Increases the Child and Dependent Care Tax Credit.
Child Care Subsidy - Income Disregards - In calculating family household income for the purposes of qualifying for a Child Care Subsidy, disregards the earned income of a child under the age of eighteen, who is not legally responsible for the child or children for which child care assistance is sought. Also disregards the income of an 18-20 year old dependent, who is not legally responsible for the child or children for which child care assistance is sought, so long as it does not exceed ten percent of the local social service district's established child care income eligibility standard.
Child Care Subsidy for Night Shift Workers - Provides that child care services provided by Local Social Service District's must be reasonably related to the hours of employment, education or training of the child's caretaker, and permit time for delivery and pick-up of the child. Up to eight hours of child care services, if needed, may be
provided to enable an employed caretaker who works a second or third shift to sleep. The local social service district must address such services in developing its Consolidated Services Plan or Integrated County Plan.
Child Care Services Study - Requires the Office of Children and Family Services to conduct a study and make recommendations regarding the availability of child day care.
Inspection Posting - Requires all child day care providers in state which operate a child day care center, group family day care home, family day care home or school age child care center to post the most recent copy of their safety and inspection results and to post such inspection results on such provider's website, as applicable.
Expanding the Self-Employment Assistance Program (SEAP) - Authorizes SEAP to provide training for up to 40 hours and one-on-one counseling for up to 20 hours for each participant on start-up business financial management; capital acquisition and the development of business plans; information on the existence of local professional organizations to provide a support network, and offer follow-up advice and counseling to ensure success.
Public Assistance and Employment Programs - Authorizes Social Services Districts (SSDs) to include in their menu of vocational educational training and educational activities an educational course in "financial literacy and personal finance." Requires such instruction to count as a work or educational activity in fulfilling requirements for participation.
Interagency Human Trafficking Taskforce - Extends the Interagency Task Force on Human Trafficking, originally established in 2007 and set to expire September first of this year, September first of 2017.. It would also expand the make-up of the Task Force and require further duties.
Services for Victims of Sex Offense and Child Pornography - Authorizes the Department of Health to provide health care and wellness education and outreach programs for victims of sex offenses or victims of child pornography promotion.
Confidentiality for Victims of Sexual Violence - Authorizes registration records of victims of sexual violence to be kept confidential.
Restriction of Parental Rights of Sexual Perpetrators - Prohibits courts from issuing an order of visitation or custody to a person who has been convicted of sexual assault when the child was conceived as a result of such assault.
Revision of Rape Statute - Redefines rape by removing the requirement of proof of penetration.
"Brittany's Law" - Requires registration of violent felony offenders and searchable database similar to sex offender registration.
"Forgotten Mommies" - Authorizes retirement system reinstatement for women who left service for maternity and familial duties..
Domestic Violence Work Leave - Permits victims of domestic violence to take an unpaid leave of absence for 90 days from employment to address on-going domestic violence and protects the individual's job, position, and benefits.
Women-owned Business Enterprise Programs - Requires additional information in the study of minority and women-owned business enterprise programs.
Workforce Guidance and Information for Women - Requires study and report of the workforce guidance and information for women policy enacted pursuant to chapter 284 of the laws of 2012.
Childcare Funding Notification - Requires notice to the Office of Children and Family Services (OCFS) by a social services district be made 60 days ahead of a change to lower the financial eligibility level or increase the parental co-payment for child care assistance.
Breast Cancer Mapping - Provides for the mapping of the incidences of breast cancer in the state.
Women's Health Initiatives - Requires the Department of Health to establish an internet website to advance women's health initiatives to educate the public, raise awareness of women's health issues and provide links to useful resources specific preventative services.
Adoption Tax Credit - Establishes a personal income tax credit of up to $2,500 for the expenses of legally adopting a child.
Justification
New York has a long legacy as a model for equality and fairness, and as a champion of women's rights. However, addressing the needs and rights of the women of this state is far more complex than merely enacting measures to end discrimination. Women in our State encounter challenges in their careers, frequently balance work and family life, and tragically are subjected to violence and dangerous situations. Our efforts to support and promote such successful and multi-faceted individuals must therefore go beyond remedying inequities, to helping them obtain child care while they work the night shift, supporting women owned business, improving outreach and education about breast cancer, and reducing the cost associated with adopting a child. These are steps we must take to move the State forward, and continue its role as a leader in advocating for women by addressing multiple aspects of their daily lives.
Legislative history
New bill
Fiscal implications
To be determined.
Effective date
Various effective dates depending upon the provisions.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.