Bill Text: NY A08971 | 2023-2024 | General Assembly | Introduced
Bill Title: Prohibits discrimination against any individual with an actual or perceived status as a victim of domestic violence, a sex offense, or stalking; requires training on discrimination against individuals with an actual or perceived status as a victim of domestic violence, a sex offense, or stalking.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-31 - referred to governmental operations [A08971 Detail]
Download: New_York-2023-A08971-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8971 IN ASSEMBLY January 31, 2024 ___________ Introduced by M. of A. LUCAS -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law and the labor law, in relation to prohibiting discrimination against any individual with an actual or perceived status as a victim of domestic violence, a sex offense, or stalking The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 22 of section 296 of the executive law, as 2 added by chapter 176 of the laws of 2019, is amended to read as follows: 3 22. (a) It shall be an unlawful discriminatory practice for an employ- 4 er or licensing agency, because of any individual's actual or perceived 5 status as a victim of domestic violence, a sex offense, or stalking to 6 refuse to hire or employ or license or to bar or to discharge from 7 employment such individual or to discriminate against such individual in 8 compensation or in terms, conditions or privileges of employment. 9 (b) It shall be an unlawful discriminatory practice for an employer or 10 employment agency to print or circulate or cause to be printed or circu- 11 lated any statement, advertisement or publication, or to use any form of 12 application for employment or to make any inquiry in connection with 13 prospective employment which expresses, directly or indirectly, any 14 limitation, specification or discrimination as to an actual or perceived 15 status as a victim of domestic violence, a sex offense, or stalking, or 16 any intent to make any such limitation, specification or discrimination; 17 provided, however, that no provision of this subdivision shall be 18 construed to prohibit the employer from making any inquiry or obtaining 19 information for the purpose of providing assistance to, or a reasonable 20 accommodation in accordance with the provisions of this subdivision to, 21 a victim of domestic violence, a sex offense, or stalking. 22 (c)(1) It shall be an unlawful discriminatory practice for an employer 23 to refuse to provide a reasonable accommodation to an employee who is 24 known by the employer to be a victim of domestic violence, [limited to25those accommodations set forth in subparagraph two of this paragraph,26when such employee must be absent from work for a reasonable time,] a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13565-02-4A. 8971 2 1 sex offense, or stalking, where such accommodations would enable such 2 employee to satisfy the essential requisites of a job unless such 3 [absence] requested accommodations would cause an undue hardship to the 4 employer as set forth in subparagraph three of this paragraph, provided, 5 however that the employer may require an employee to charge any time off 6 pursuant to this section against any leave with pay ordinarily granted, 7 where available, unless otherwise provided for in a collective bargain- 8 ing agreement or existing employee handbook or policy, and any such 9 absence that cannot be charged may be treated as leave without pay. An 10 employee who must be absent from work in accordance with subparagraph 11 two of this paragraph shall be entitled to the continuation of any 12 health insurance coverage provided by the employer, to which the employ- 13 ee is otherwise entitled during any such absence. 14 (2) An employer is required to provide a reasonable accommodation to 15 an employee who is a victim of domestic violence [who must be absent16from work for a reasonable time], a sex offense, or stalking in accord- 17 ance with the provisions of subparagraph one of this paragraph, such 18 reasonable accommodation may include, but shall not be limited to, 19 absence from work for a reasonable time for reasons including, but not 20 limited to, the following: 21 (i) Seeking medical attention for injuries caused by domestic violence 22 including for a child who is a victim of domestic violence, a sex 23 offense, or stalking, provided that the employee is not the perpetrator 24 [of the domestic violence] against the child; or 25 (ii) Obtaining services from a domestic violence shelter, program, or 26 rape crisis center as a result of domestic violence; or 27 (iii) Obtaining psychological counseling related to an incident or 28 incidents of domestic violence, a sex offense, or stalking, including 29 for a child who is a victim [of domestic violence], provided that the 30 employee is not the perpetrator [of the domestic violence] against the 31 child; or 32 (iv) Participating in safety planning and taking other actions to 33 increase safety from future incidents of domestic violence, a sex 34 offense, or stalking, including temporary or permanent relocation; or 35 (v) Obtaining legal services, assisting in the prosecution of the 36 offense, or appearing in court in relation to the incident or incidents 37 of domestic violence, a sex offense, or stalking. 38 (3) An employer is required to provide a reasonable accommodation [for39an employee's absence] in accordance with the provisions of subpara- 40 graphs one and two of this paragraph unless the employer can demonstrate 41 that the employee's absence would constitute an undue hardship to the 42 employer. A determination of whether such an absence will constitute an 43 undue hardship shall include consideration of factors such as: 44 (i) The overall size of the business, program or enterprise with 45 respect to the number of employees, number and type of facilities, and 46 size of budget; and 47 (ii) The type of operation in which the business, program or enter- 48 prise is engaged, including the composition and structure of the work- 49 force. 50 (4) It shall be an unlawful discriminatory practice for an employer to 51 refuse to or otherwise fail to engage in cooperative dialogue within a 52 reasonable time with an employee who has requested a reasonable accommo- 53 dation under this section. 54 (5) An employee who must be absent from work in accordance with the 55 provisions of subparagraph one of this paragraph shall provide theA. 8971 3 1 employer with reasonable advance notice of the employee's absence, 2 unless such advance notice is not feasible. 3 [(5)] (6) An employee who must be absent from work in accordance with 4 the provisions of subparagraph one of this paragraph and who cannot 5 feasibly give reasonable advance notice of the absence in accordance 6 with subparagraph four of this paragraph must, within a reasonable time 7 after the absence, provide a certification to the employer when 8 requested by the employer. Any person required by subparagraph one of 9 this paragraph to make reasonable accommodation may require a person 10 requesting reasonable accommodation pursuant to this paragraph to 11 provide certification that the person is a victim of domestic violence, 12 a sex offense, or stalking. Such certification shall be in the form of: 13 (i) A police [report] or court record indicating that the employee or 14 his or her child was a victim of domestic violence, a sex offense, or 15 stalking; 16 (ii) [A court order protecting or separating the employee or his or17her child from the perpetrator of an act of domestic violence;18(iii)] Other corroborating evidence, including evidence from the court 19 or prosecuting attorney [that the employee appeared in court]; [or] 20 [(iv)] (iii) Documentation from a medical professional, [domestic21violence] victim services provider or advocate, health care provider, 22 cultural or religious provider, or counselor that the employee or his or 23 her child was [undergoing counseling or treatment for physical or mental24injuries or abuse resulting in victimization from] obtaining assistance 25 for an act of domestic violence, a sex offense, or stalking; or 26 (iv) Documentation from an attorney or any other professional service 27 provider from whom the individual seeking a reasonable accommodation or 28 child has sought assistance in addressing domestic violence, a sex 29 offense, or stalking. 30 [(6)] (7) Where an employee has a physical or mental disability 31 resulting from an incident or series of incidents of domestic violence, 32 a sex offense, or stalking, such employee shall be treated in the same 33 manner as an employee with any other disability, pursuant to the 34 provisions of this section which provide that discrimination and refusal 35 to provide reasonable accommodation of disability are unlawful discrimi- 36 natory practices. 37 (d) To the extent allowed by law, employers shall maintain the confi- 38 dentiality of any information and documentation regarding an employee's 39 status as a victim of domestic violence, a sex offense, or stalking. 40 § 2. The section heading, paragraph b of subdivision 1 and paragraph c 41 of subdivision 2 of section 201-g of the labor law, the section heading 42 and paragraph c of subdivision 2 as added by section 1 of subpart E of 43 part KK of chapter 57 of the laws of 2018 and paragraph b of subdivision 44 1 as amended by chapter 160 of the laws of 2019, are amended and two new 45 subdivisions 5 and 6 are added to read as follows: 46 Prevention of sexual harassment and responding to domestic violence, 47 sex offenses, and stalking. 48 b. Every employer shall adopt the model sexual harassment prevention 49 policy promulgated pursuant to this subdivision or establish a sexual 50 harassment prevention policy to prevent sexual harassment that equals or 51 exceeds the minimum standards provided by such model sexual harassment 52 prevention policy, which, on and after January first, two thousand twen- 53 ty-five, shall include guidance on workplace protractions for victims of 54 domestic violence, sex offenses, and stalking. Such [sexual harassment55prevention] policy shall be provided to all employees in writing as 56 required by subdivision two-a of this section. Such model [sexualA. 8971 4 1harassment prevention] policy shall be publicly available and posted on 2 the websites of both the department and the division of human rights. 3 c. Every employer shall utilize the model sexual harassment prevention 4 training program pursuant to this subdivision or establish a training 5 program for employees to prevent sexual harassment that equals or 6 exceeds the minimum standards provided by such model training. Such 7 sexual harassment prevention training shall be provided to all employees 8 on an annual basis. On and after January first, two thousand twenty- 9 five, any such training program shall include guidance on workplace 10 protections for victims of domestic violence, sex offenses, and stalk- 11 ing. 12 5. On and after January first, two thousand twenty-five, the depart- 13 ment, in consultation with the division of human rights and the office 14 for the prevention of domestic violence, shall ensure that the model 15 sexual harassment prevention guidance document and sexual harassment 16 prevention policy includes guidance on workplace protections for victims 17 of domestic violence, sex offenses, and stalking, including language 18 that: (i) prohibits discrimination by an employer or employment agency 19 because of an employee or prospective employees status as a victim of 20 domestic violence, a sex offense or stalking in accordance with subdivi- 21 sion twenty-two of section two hundred ninety-six of the executive law; 22 and (ii) prohibits the refusal of an employer to provide a reasonable 23 accommodation to an employee known to the employer to be a victim of 24 domestic violence, a sex offense or stalking in accordance with subdivi- 25 sion twenty-two of section two hundred ninety-six of the executive law. 26 6. On and after January first, two thousand twenty-five, the annual 27 model sexual harassment training program, mandated by subdivision two of 28 this section, shall include: (i) an explanation of discrimination on the 29 basis of one's status as a victim of domestic violence, a sex offense or 30 stalking consistent with guidance issued by the department in consulta- 31 tion with the division of human rights and office for the prevention of 32 domestic violence; (ii) examples of conduct that would constitute unlaw- 33 ful discrimination because of one's status as a victim of domestic 34 violence, a sex offense or stalking; (iii) information concerning the 35 state statutory provisions concerning discrimination because of one's 36 status as a victim of domestic violence, a sex offense or stalking and 37 remedies available to victims of such discrimination; and (iv) informa- 38 tion concerning employees' rights of redress and all available forums 39 for adjudicating complaints. 40 § 3. This act shall take effect January 1, 2025. Effective immediate- 41 ly, the addition, amendment and/or repeal of any rule or regulation 42 necessary for the implementation of this act on its effective date are 43 authorized to be made and completed on or before such effective date.
