New York State has recently
introduced two bills related to employment protection for victims of domestic
violence. The Senate Bill to the entitlement to unpaid leave of absence for victims of domestic
violence." This bill would grant victims 90 days on unpaid leave to
address the issue. (Click here to access) The victim's job and current position would be protected.
The definition of a "victim of domestic violence" in this bill is
taken from the Family Court Act. The bill also uses the definition of a
"victim of a sex offense" from the Penal Law.
The second bill, the Assembly Bill, "prohibits employers from discriminating against victims of domestic
violence." (Click here to access) It further states that it "shall be unlawful discriminatory
practice" for employers to terminate, discriminate or refuse to hire an
individual based on their status as a victim of domestic violence. This bill
uses the Social Services Law definition of a "victim of domestic
violence." The Assembly Bill advanced to Third Reading on March 1st, where
the bill will either be passed or defeated.
These bills have procedures
comparable to the Family Medical Leave Act's, except they apply specifically to
victims of domestic violence. Passage of one of these bills would be a step in
the proper direction for employment and labor law.
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