New York State Human Rights Law Amended to Include Protections Against Employment Discrimination for Victims of Domestic Violence
Governor David Patterson recently signed into law new legislation amending the New York State Human Rights Law to include protection against employment discrimination for victims of domestic violence. The law, which mirrors a similar provision that New York City created in 2001, prohibits employers from discriminating against employees in compensation or other terms of their employment, or from refusing to hire or terminating someone because they are a victim of domestic violence
For purposes of the new law, a domestic violence victim is classified as someone who has been victim to a family offense under section 812(1) of the Family Court Act. This includes harassment, stalking, menacing, criminal mischief and disorderly conduct .
The law aims to prevent employment discrimination from occurring against victims of domestic violence who often need time off of work to go to court and to meet with police, attorneys or counselors. Additionally, victims of domestic violence need their jobs as a way of reaching independence from their abuser.
The amendment to the law adds an individual’s status as a victim of domestic violence to other areas protected from discrimination including age discrimination, racial discrimination, religious discrimination, gender discrimination, national origin discrimination, sexual orientation discrimination or military status discrimination. Complaints about employment discrimination can be brought to the state Division of Human Rights or can be filed directly with the courts.
