STATE OF NEW YORK ________________________________________________________________________ 173 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the executive law, in relation to prohibiting employers from discriminating against victims of domestic violence; and to repeal subdivision 34 of section 292 of such law relating to the defi- nition of the term "domestic violence victim" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 34 of section 292 of the executive law is 2 REPEALED and a new subdivision 34 is added to read as follows: 3 34. The term "victim of domestic violence" shall have the same meaning 4 as is ascribed to such term by section four hundred fifty-nine-a of the 5 social services law. 6 § 2. Paragraph (a) of subdivision 1 of section 296 of the executive 7 law, as amended by chapter 365 of the laws of 2015, is amended to read 8 as follows: 9 (a) For an employer or licensing agency, because of an individual's 10 age, race, creed, color, national origin, sexual orientation, military 11 status, sex, disability, predisposing genetic characteristics, familial 12 status, marital status, or status as a victim of domestic violence 13 [~~victim status~~], to refuse to hire or employ or to bar or to discharge 14 from employment such individual or to discriminate against such individ- 15 ual in compensation or in terms, conditions or privileges of employment. 16 § 3. Section 296 of the executive law is amended by adding a new 17 subdivision 20 to read as follows: 18 20. (a) It shall be an unlawful discriminatory practice for an employ- 19 er or licensing agency, because of any individual's status as a victim 20 of domestic violence, to refuse to hire or employ or license or to bar 21 or to discharge from employment such individual or to discriminate EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02842-01-7

S. 173 2 1 against such individual in compensation or in terms, conditions or priv- 2 ileges of employment. 3 (b) It shall be an unlawful discriminatory practice for an employer or 4 employment agency to print or circulate or cause to be printed or circu- 5 lated any statement, advertisement or publication, or to use any form of 6 application for employment or to make any inquiry in connection with 7 prospective employment which expresses, directly or indirectly, any 8 limitation, specification or discrimination as to status as a victim of 9 domestic violence, or any intent to make any such limitation, specifica- 10 tion or discrimination; provided, however, that no provision of this 11 subdivision shall be construed to prohibit the employer from making any 12 inquiry or obtaining information for the purpose of providing assistance 13 to, or a reasonable accommodation in accordance with the provisions of 14 this subdivision to, a victim of domestic violence. 15 (c)(1) It shall be an unlawful discriminatory practice for an employer 16 to refuse to provide a reasonable accommodation to an employee who is 17 known by the employer to be a victim of domestic violence, limited to 18 those accommodations set forth in subparagraph two of this paragraph, 19 when such employee must be absent from work for a reasonable time, 20 unless such absence would cause an undue hardship to the employer as set 21 forth in subparagraph three of this paragraph, provided, however that 22 the employer may require an employee to charge any time off pursuant to 23 this section against any leave with pay ordinarily granted, where avail- 24 able, unless otherwise provided for in a collective bargaining agreement 25 or existing employee handbook or policy, and any such absence that 26 cannot be charged may be treated as leave without pay. An employee who 27 must be absent from work in accordance with subparagraph two of this 28 paragraph shall be entitled to the continuation of any health insurance 29 coverage provided by the employer, to which the employee is otherwise 30 entitled during any such absence. 31 (2) An employer is required to provide a reasonable accommodation to 32 an employee who is a victim of domestic violence who must be absent from 33 work for a reasonable time, in accordance with the provisions of subpar- 34 agraph one of this paragraph, limited to the following: 35 (i) Seeking medical attention for injuries caused by domestic violence 36 including for a child who is a victim of domestic violence, provided 37 that the employee is not the perpetrator of the domestic violence 38 against the child; or 39 (ii) Obtaining services from a domestic violence shelter, program, or 40 rape crisis center as a result of domestic violence; or 41 (iii) Obtaining psychological counseling related to an incident or 42 incidents of domestic violence, including for a child who is a victim of 43 domestic violence, provided that the employee is not the perpetrator of 44 the domestic violence against the child; or 45 (iv) Participating in safety planning and taking other actions to 46 increase safety from future incidents of domestic violence, including 47 temporary or permanent relocation; or 48 (v) Obtaining legal services, assisting in the prosecution of the 49 offense, or appearing in court in relation to the incident or incidents 50 of domestic violence. 51 (3) An employer is required to provide a reasonable accommodation for 52 an employee's absence in accordance with the provisions of subparagraphs 53 one and two of this paragraph unless the employer can demonstrate that 54 the employee's absence would constitute an undue hardship to the employ- 55 er. A determination of whether such an absence will constitute an undue 56 hardship shall include consideration of factors such as:

S. 173 3 1 (i) The overall size of the business, program or enterprise with 2 respect to the number of employees, number and type of facilities, and 3 size of budget; and 4 (ii) The type of operation in which the business, program or enter- 5 prise is engaged, including the composition and structure of the work- 6 force. 7 (4) An employee who must be absent from work in accordance with the 8 provisions of subparagraph one of this paragraph shall provide the 9 employer with reasonable advance notice of the employee's absence, 10 unless such advance notice is not feasible. 11 (5) An employee who must be absent from work in accordance with the 12 provisions of subparagraph one of this paragraph and who cannot feasibly 13 give reasonable advance notice of the absence in accordance with subpar- 14 agraph four of this paragraph must, within a reasonable time after the 15 absence, provide a certification to the employer when requested by the 16 employer. 17 Such certification shall be in the form of: 18 (i) A police report indicating that the employee or his or her child 19 was a victim of domestic violence; 20 (ii) A court order protecting or separating the employee or his or her 21 child from the perpetrator of an act of domestic violence; 22 (iii) Other evidence from the court or prosecuting attorney that the 23 employee appeared in court; or 24 (iv) Documentation from a medical professional, domestic violence 25 advocate, health care provider, or counselor that the employee or his or 26 her child was undergoing counseling or treatment for physical or mental 27 injuries or abuse resulting in victimization from an act of domestic 28 violence. 29 (6) Where an employee has a physical or mental disability resulting 30 from an incident or series of incidents of domestic violence, such 31 employee shall be treated in the same manner as an employee with any 32 other disability, pursuant to the provisions of this section which 33 provide that discrimination and refusal to provide reasonable accommo- 34 dation of disability are unlawful discriminatory practices. 35 (d) To the extent allowed by law, employers shall maintain the confi- 36 dentiality of any information regarding an employee's status as a victim 37 of domestic violence. 38 § 4. This act shall take effect on the ninetieth day after it shall 39 have become a law.

Relates to domestic violence; repealer

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