New York expands protections for victims of domestic violence

New York has enacted legislation (Senate Bill 1040) that expands employment protections for domestic violence victims. Senate Bill 1040 takes effect on November 18, 2019.

Background:

Currently, New York state's Human Rights Law (NYSHRL) prohibits employers with four or more employees from discriminating against applicants and employees based on a number of characteristics, including their status as a domestic violence victim. On February 8, 2020, the NYSHRL will expand to cover all private employers in the state.

Senate Bill 1040:

Senate Bill 1040 amends the NYSHRL by providing additional workplace protections for victims of domestic violence. Under the law, employers are prohibited from:

• Refusing to hire domestic violence victims;
• Terminating an employee due to their status as a domestic violence victim;
• Refusing to provide an accommodation to an employee who experiences domestic violence;
• Printing or circulating any statement, using any application for employment, or making any hiring inquiry that directly or indirectly expresses any limitation or discrimination against a domestic violence victim; or
• Discriminating in the compensation, privileges, and/or benefits of a job because an individual is a victim of domestic violence.

To the extent required by law, employers are also required to maintain the confidentiality of any information relating to a domestic violence victim's status.

Additionally, if an employee has a physical or mental disability resulting from domestic violence, the employee must be treated in the same manner as an employee with any other disability.

Reasonable Accommodations:

Unless an employee's absence would pose an undue hardship, the employer must allow domestic violence victims a reasonable amount of time off from work for the following circumstances:

• Seeking medical attention for injuries caused by domestic violence (including for a child who is a victim of domestic violence);
• Obtaining services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence;
• Obtaining psychological counseling related to domestic violence, including for a child who is a victim of domestic violence;
• Participating in safety planning and taking other actions to increase safety from future incidents of domestic violence, including temporary or permanent relocation;
• Obtaining legal services, assisting in the prosecution of the offense, or appearing in court in relation to the incident or incidents of domestic violence.

The time off may be unpaid, however an employer may require the employee to use their accrued paid time off, when available, unless doing so would conflict with an existing agreement, employee handbook or policy.

Employee Notice:

Employees who must be absent from work due to any of the circumstances listed above must provide the employer with reasonable advance notice of their absence, unless such advance notice is not feasible. When advance notice is not possible, employers can request certification in the form of a police report, court order, or documentations from a medical professional, health care provider or counselor.

Compliance Recommendations:

New York state employers should review application forms, policies, practices, and training to ensure compliance with Senate Bill 1040.