On Aug. 20, Gov. Cuomo signed a law to (1) expand the definition of "victim of domestic violence," (2) specifically make victims of domestic violence a protected class in the NYSHRL and (3) require certain accommodations for victims of domestic violence. The law is effective Nov. 18.
The definition of domestic violence victim is now:
[A]ny person over the age of sixteen, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person's child is a victim of an act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted assault, attempted murder, criminal obstruction of breathing or blood circulation, or strangulation; and
(i) such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person's child; and
(ii) such act or acts are or are alleged to have been committed by a family or household member.
Additionally, employers are now required to provide a reasonable accommodation to an employee who is a domestic violence victim who (when possible) provides notice that he or she is required to be absent from work for a reasonable amount of time for (1) seeking medical attention, including counseling, to treat any domestic violence-related physical or mental injuries, including the treatment of children who are the victims of domestic violence; (2) obtaining services, including legal services as a result of domestic violence; and (3) participating in safety planning or relocation as a result of domestic violence. Such accommodations are required, unless the employer can show that the absence would cause an undue hardship. When an employee is unable to give advance notice for the need of an accommodation, employers are permitted to request a certification from the employee substantiating the domestic violence.
An employer is permitted to require the employee to use any paid time off the employee may have; otherwise, an employee should be granted the time off as unpaid. The employer is also required to continue any health insurance coverage to which the employee is otherwise entitled during any covered absence.
The law also requires that the employer, to the extent permitted by law, maintain the confidentiality of any information regarding an employee's domestic violence victim status.
Employers should ensure that their policies are updated to make sure domestic violence victims are included in their antidiscrimination/-harassment policies and that their policies reflect the newly permitted accommodations. Additionally, HR and supervisors should be trained on this new law to recognize when an accommodation should be provided.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.