New York State Employment Discrimination Against Victims of Domestic Violence
Unfortunately, it's extremely difficult for victims of domestic violence to hide their problems from others when leaving home. As a result, it's particularly important for New York employers to be aware of the laws that protect these individuals in the workplace.
Pursuant to the New York State Human Rights Law (NYSHRL), it is unlawful for an employer to discriminate against an individual based on one's status as a domestic violence victim. The NYSHRL doesn't only protect actual victims of domestic violence but also protects individuals who are merely perceived to be victims of domestic violence. As with other protected categories (race, religion, national origin, sexual orientation, military status, gender, disability, predisposing genetic characteristics, and marital status), domestic violence victims are also protected from discriminatory employment practices in hiring, discharge, compensation, and all other terms, conditions, and privileges of employment.
The NYSHRL defines "domestic violence victim" as an "individual who is a victim of a family offense under New York's Family Court Act," such as disorderly conduct, harassment, stalking, reckless endangerment, and assault between spouses or former spouses, between parents or children, or between members of the same family or household.
As this a rather new law (the NYSHRL was amended on July 6, 2009 to include victims of domestic violence), we recommend that all employers review their handbooks and policies to confirm that this form of discrimination is included. Moreover, employers are also advised to consult with a New York employment attorney for further guidance on the correct way to address issues involving victims of domestic violence.
Please be advised that the New York City Human Rights Law (NYCHRL) also provides protection against discrimination based on one's status as a domestic violence victim.
