The New York Human Rights Law prohibits New York employers from discriminating in hiring, job advancement, requests for use of leave time, or other terms, conditions or privileges of employment based on an employee’s domestic violence victim status. Furthermore, employers must allow employees to be absent from the office for a reasonable amount of time for the following reasons:
- to seek medical attention for an employee’s or child’s domestic violence-related injuries;
- to utilize services from a domestic violence shelter, program or rape crisis center;
- to obtain psychological counseling for the employee or a child related to a domestic violence incident;
- to participate in safety planning, including temporary or permanent relocation; and
- to obtain legal services, assist in the prosecution of the offense or appear in court in relation to the domestic violence incident.
An employee granted any accommodation is required to provide an employer with reasonable advance notice. If such advance notice is not feasible, an employee must provide certification to an employer within a reasonable amount of time if so requested. Such certification may be in the form of:
- a police report;
- an order of protection;
- evidence of a court appearance; or
- documentation from a medical professional, health care provider, domestic violence advocate or counselor illustrating the employee or the employee’s child underwent treatment related to domestic violence.
Employers are encouraged to provide the New York Domestic Violence Pamphlet to employees to inform them about their rights under the New York Human Rights Law. The New York Domestic Violence Pamphlet covers:
- employee rights under the New York Human Rights Law;
- examples of prohibited conduct;
- list of resources for victims;
- leave time requirements;
- directions on how to contact the New York State Division of Human Rights.