Prohibits discrimination against any individual with an actual or perceived status as a victim of domestic violence, a sex offense, or stalking

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic4

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Roxanne J. Persaud says this is needed

Gender-based violence is pervasive and has significant impacts on survi- vors' ability to maintain their employment. While New York State law currently covers victims of domestic violence, it does not cover victims of sex offenses, such as rape, or stalking. Survivors in these catego- ries face similar workplace impacts and should be covered under the law. A survivor of a sex offense or stalking, for example, often must seek medical assistance, engage with law enforcement, obtain a protective order, and engage in safety planning that requires drastic life changes and can undermine the ability to maintain employment, absent additional protections. Moreover, while section 296 of the New York State Executive Law current- ly affords victims of domestic violence reasonable accommodations in the form of leave, this narrow interpretation of reasonable accommodation fails to address the broad and pressing needs survivors face when trying to escape abuse. As in other contexts such as disability and pregnancy, where a reasonable accommodation may be needed, leave is only one of the potential options an employee may need. However, leave, especially unpaid leave, can also impose financial harm at a time when a survivor wants and needs to continue working and earning their full income. Based on discriminatory stereotypes of survivors, employers are known to push employees to take leave to "deal with their situation" when in fact other workplace adjustments would allow an employee to maintain employ- ment in a way that better suits their needs. In reality, survivors face a host of obstacles and barriers to maintain- ing employment and escaping abuse that require other forms of accommo- dation instead of leave. For example, survivors often need to change their shift, request an adjustment to their hours, seek a transfer to a different work location, and seek assistance to address PTSD. Workplace adjustments, in lieu of leave, are often the most essential in helping survivors maintain their employment while addressing the abuse and help- ing survivors maintain their economic security and independence at a time when they need it the most. As in other circumstances such as disa- bility and pregnancy, survivors should be empowered to determine and request a reasonable accommodation that addresses their specific circum- stances instead of being limited to leave alone. Despite the existence of protections under section 296, many survivors continue to face discrimination based on their status, are asked to provide intrusive documentation not required under the law, denied access to leave that they are entitled to, and are regularly retaliated against after reporting their status. Because employers continue to be undereducated about existing workplace protections for survivors, this bill would advance employer awareness and compliance by requiring employers to provide guidance on these protections in their sexual harassment prevention policies and training and by requiring the Depart- ment of Labor to incorporate such guidance in its model sexual harass- ment preventing policy and training.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.