The New York City Human Rights Law requires employers to accommodate employees who are victims of domestic violence, sex offenses, or stalking, unless doing so would cause undue hardship.
“Acts or threats of violence” includes, but is not limited to, acts that would constitute violations of the New York Penal Law.
“Victim of domestic violence” means an employee who has been subjected to acts or threats of violence, not including acts of self-defense, committed: (i) by a current or former spouse of the employee, (ii) by a person with whom the employee shares a child in common, (iii) by a person who is cohabitating with or has cohabitated with the employee, (iv) by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the employee, or (v) by a person who is or has continually or at regular intervals lived in the same household as the employee.
“Victim of sex offenses or stalking” means an employee who is the victim of acts that would constitute violations of the applicable sections of the New York Penal Law.
Types of Accommodation
Reasonable accommodations vary but may include changes (i.e., schedule changes, changes to work location, etc.) that will enable an employee who is a victim of domestic violence, sex offenses, or stalking to perform the essential functions of the job.
Requests for accommodations can be forwarded to the Office of Institutional Equity mailbox at (email@example.com) or to your Title IX Coordinators:
Within a reasonable period of time after the employee has requested an accommodation, the employee may be required to provide a certification to OIE that the employee is a victim of domestic violence, sex offenses or stalking.
This requirement may be satisfied 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 employee (or the employee’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 WCM pursuant to this process, including a statement from the employee requesting reasonable accommodation or any other documentation, record, or corroborating evidence, and the fact that the employee has requested or obtained a reasonable accommodation, shall be kept in the strictest confidence, except to the extent that the employee requests or consents to disclosure in writing, or except as otherwise required by applicable federal, state or local law.