Bill Text: NY S07996 | 2023-2024 | General Assembly | Introduced

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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) 2024-01-04 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S07996 Detail]

Download: New_York-2023-S07996-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7996

                    IN SENATE

                                     January 4, 2024
                                       ___________

        Introduced  by  Sen. PERSAUD -- 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 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  to
    25  those  accommodations  set  forth in subparagraph two of this paragraph,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13565-02-4
        S. 7996                             2

     1  when such employee must be absent from work for a  reasonable  time,]  a
     2  sex  offense,  or  stalking, where such accommodations would enable such
     3  employee to satisfy the  essential  requisites  of  a  job  unless  such
     4  [absence]  requested accommodations would cause an undue hardship to the
     5  employer as set forth in subparagraph three of this paragraph, provided,
     6  however that the employer may require an employee to charge any time off
     7  pursuant to this section against any leave with pay ordinarily  granted,
     8  where  available, unless otherwise provided for in a collective bargain-
     9  ing agreement or existing employee handbook  or  policy,  and  any  such
    10  absence  that  cannot be charged may be treated as leave without pay. An
    11  employee who must be absent from work in  accordance  with  subparagraph
    12  two  of  this  paragraph  shall  be  entitled to the continuation of any
    13  health insurance coverage provided by the employer, to which the employ-
    14  ee is otherwise entitled during any such absence.
    15    (2) An employer is required to provide a reasonable  accommodation  to
    16  an  employee  who  is  a victim of domestic violence [who must be absent
    17  from work for a reasonable time], a sex offense, or stalking in  accord-
    18  ance  with  the  provisions  of subparagraph one of this paragraph, such
    19  reasonable accommodation may include,  but  shall  not  be  limited  to,
    20  absence  from  work for a reasonable time for reasons including, but not
    21  limited to, the following:
    22    (i) Seeking medical attention for injuries caused by domestic violence
    23  including for a child who is  a  victim  of  domestic  violence,  a  sex
    24  offense,  or stalking, provided that the employee is not the perpetrator
    25  [of the domestic violence] against the child; or
    26    (ii) Obtaining services from a domestic violence shelter, program,  or
    27  rape crisis center as a result of domestic violence; or
    28    (iii)  Obtaining  psychological  counseling  related to an incident or
    29  incidents of domestic violence, a sex offense,  or  stalking,  including
    30  for  a  child  who is a victim [of domestic violence], provided that the
    31  employee is not the perpetrator [of the domestic violence]  against  the
    32  child; or
    33    (iv)  Participating  in  safety  planning  and taking other actions to
    34  increase safety from  future  incidents  of  domestic  violence,  a  sex
    35  offense, or stalking, including temporary or permanent relocation; or
    36    (v)  Obtaining  legal  services,  assisting  in the prosecution of the
    37  offense, or appearing in court in relation to the incident or  incidents
    38  of domestic violence, a sex offense, or stalking.
    39    (3) An employer is required to provide a reasonable accommodation [for
    40  an  employee's  absence]  in  accordance with the provisions of subpara-
    41  graphs one and two of this paragraph unless the employer can demonstrate
    42  that the employee's absence would constitute an undue  hardship  to  the
    43  employer.  A determination of whether such an absence will constitute an
    44  undue hardship shall include consideration of factors such as:
    45    (i) The overall size of  the  business,  program  or  enterprise  with
    46  respect  to  the number of employees, number and type of facilities, and
    47  size of budget; and
    48    (ii) The type of operation in which the business,  program  or  enter-
    49  prise  is  engaged, including the composition and structure of the work-
    50  force.
    51    (4) It shall be an unlawful discriminatory practice for an employer to
    52  refuse to or otherwise fail to engage in cooperative dialogue  within  a
    53  reasonable time with an employee who has requested a reasonable accommo-
    54  dation under this section.
    55    (5)  An  employee  who must be absent from work in accordance with the
    56  provisions of subparagraph one  of  this  paragraph  shall  provide  the
        S. 7996                             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  or
    17  her 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, [domestic
    21  violence] 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 mental
    24  injuries  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 harassment
    55  prevention] policy shall be provided to  all  employees  in  writing  as
    56  required  by  subdivision  two-a  of  this  section.  Such model [sexual
        S. 7996                             4

     1  harassment 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.