US Laws, Codes, Statutes & Cases

 
    §  8-107.1  Victims of Domestic Violence, Sex offenses or Stalking. 1.
  Definitions. Whenever used in this chapter  the  following  terms  shall
  have the following meanings:
    a. "Acts or threats of violence" shall include, but not be limited to,
  acts, which would constitute violations of the penal law.
    b.  "Victim  of  domestic  violence"  shall mean a person who has been
  subjected to  acts  or  threats  of  violence,  not  including  acts  of
  self-defense,  committed by a current or former spouse of the victim, by
  a person with whom the victim shares a child in common, by a person  who
  is  cohabiting with or has cohabited with the victim, by a person who is
  or has been in  a  continuing  social  relationship  of  a  romantic  or
  intimate  nature  with the victim, or a person who is or has continually
  or at regular intervals lived in the same household as the victim.
    c. "Victim of sex offenses or stalking" shall mean a  victim  of  acts
  which  would constitute violations of article 130 of the penal law, or a
  victim of acts which would constitute  violations  of  sections  120.45,
  120.50, 120.55, or 120.60 of the penal law.
    d.  Practices  "based on," "because of," "on account of," "as to," "on
  the basis of," or "motivated by" an individual's "status as a victim  of
  domestic  violence," or "status as a victim of sex offenses or stalking"
  include, but are not limited to, those based solely upon the actions  of
  a  person  who  has  perpetrated acts or threats of violence against the
  individual.
    2.  Unlawful  discriminatory  practices.  It  shall  be  an   unlawful
  discriminatory  practice for an employer, or an agent thereof, to refuse
  to hire or employ or to bar or  to  discharge  from  employment,  or  to
  discriminate  against  an  individual  in  compensation  or other terms,
  conditions, or  privileges  of  employment  because  of  the  actual  or
  perceived status of said individual as a victim of domestic violence, or
  as a victim of sex offenses or stalking.
    3.  Applicability;  actual  or perceived victims of domestic violence,
  sex offenses or stalking.
    (a) Requirement to make  reasonable  accommodation  to  the  needs  of
  victims  of  domestic  violence,  sex  offenses  or  stalking. Except as
  provided in paragraph (c), any person prohibited by this section 8-107.1
  from discriminating on the basis of actual  or  perceived  status  as  a
  victim  of  domestic  violence  or  a victim of sex offenses or stalking
  shall make reasonable accommodation to enable a person who is  a  victim
  of domestic violence, or a victim of sex offenses or stalking to satisfy
  the  essential  requisites of a job provided that the status as a victim
  of domestic violence or a victim of sex offenses or stalking is known or
  should have been known by the covered entity.
    (b) Documentation of status. Any person required by paragraph  (a)  to
  make reasonable accommodation may require a person requesting reasonable
  accommodation  pursuant  to  paragraph (a) to provide certification that
  the person is a victim of domestic violence, sex offenses  or  stalking.
  The person requesting reasonable accommodation pursuant to paragraph (a)
  shall  provide a copy of such certification to the covered entity within
  a reasonable period after the request is made. A person may satisfy  the
  certification  requirement  of this paragraph by providing documentation
  from an employee, agent, or volunteer of a victim services organization,
  an attorney, a member of the clergy, or a medical or other  professional
  service   provider,  from  whom  the  individual  seeking  a  reasonable
  accommodation or that individual's family or household member has sought
  assistance in addressing domestic violence, sex offenses or stalking and
  the effects of the violence or stalking; a police or  court  record;  or
  other  corroborating  evidence.  All information provided to the covered
  entity pursuant to this paragraph, including a statement of  the  person

  requesting  a  reasonable  accommodation  or  any  other  documentation,
  record, or corroborating evidence, and the fact that the individual  has
  requested  or  obtained  a  reasonable  accommodation  pursuant  to this
  section,  shall  be  retained in the strictest confidence by the covered
  entity, except to the extent that disclosure is requested  or  consented
  to  in writing by the person requesting the reasonable accommodation; or
  otherwise required by applicable federal, state or local law.
    (c) Affirmative defense in domestic violence, sex offenses or stalking
  cases. In any case where the need for reasonable accommodation is placed
  in issue, it shall be an affirmative defense that the  person  aggrieved
  by  the  alleged  discriminatory  practice  could  not,  with reasonable
  accommodation, satisfy the essential requisites of the job or enjoy  the
  right or rights in question.