New York: Expanded Workplace Protections for Victims of Domestic Violence

New York has enacted legislation that broadens the definition of “victim of domestic violence” in order to be consistent with the state’s Domestic Violence Protection Act. The New York State Human Rights Law (NYSHRL) defines victims of domestic violence to include those over the age of 16, any married person, or any parent with a child in a situation where either the parent or child is a victim of a qualifying act by a family or household member in violation of the penal code (such as assault, harassment, sexual abuse, stalking, etc.). The qualifying act must result in, or create a substantial risk of, physical or emotional injury to the person or their minor child.

Victims of domestic violence are afforded protection from discriminatory practices including: refusing to hire or terminating someone based on their status as a victim of domestic violence; discriminating in compensation, terms, conditions of employment; printing or circulating certain statements or publications about someone’s status as a victim of domestic violence; using an employment application or making inquiries during prospective employment expressing limitations, specifications, or discrimination about an individual’s status as a victim of domestic violence.

Employers must also afford certain reasonable accommodations to employees who are victims of domestic violence including, but not limited to, allowing reasonable time off to seek medical attention, psychological counseling, or to seek legal services.

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