Governor Andrew M. Cuomo today signed multiple pieces of
legislation designed to protect and further women’s equality in New York State.
The new laws will help achieve pay equity, strengthen human trafficking laws
and protections for domestic violence victims and end pregnancy discrimination
in all workplaces.
The Governor also announced that New York State has
allocated a total of $6.4 million for Sexual Assault Prevention and Assistance
providers across the State. This includes $4.5 million enacted as part of the
Enough is Enough legislative package to support implementation of this new
campus sexual assault legislation by providing prevention, as well as $1
million to be administered by the Department of Health and $900,000 to be
administered by the Office of Victim Services.
“Today is a historic day as we strengthened laws and
protections ensuring women’s equality, an issue I’ve been fighting for my
entire life” Assemblywoman Addie J. Russell, D-Theresa said. “New York is a
progressive leader and we have signified that by ensuring women across the
state with equal pay, providing protection from discrimination, and ensuring
that victims of domestic violence have the protections and resources they need.”
“This State has a legacy of leading the way in advancing
equal rights – and today, we are making New York a model of equality for
women,” said Governor Cuomo. “This comprehensive set of laws will help to
ensure that women are supported, protected and given all of the opportunities
they deserve in life. Today, New York stands once again as a monument for
progress, and a sign of what can be achieved when we come together to do the
right thing for women everywhere.”
“I am especially proud that these significant new laws
include a piece of legislation that I authored which prohibits employers from
denying work or promotions to people based on the presence of children in their
household,” Russell said. “Families are the building blocks of society and if
someone is not given a fair shot at employment because they have children, it
makes us weaker. This new law will ensure that no matter one’s family status,
they will not be discriminated against but judged by their qualifications.”
Lieutenant Governor Kathy Hochul said: “Today is a historic
day for New York State as we finally fulfill our promise to millions of women
seeking to shatter that invisible glass ceiling. As a woman, I am particularly
proud that our Governor has made improving the status of women in our State one
of his highest priorities. That's what the Women’s Equality Act was all about:
to ensure that women are no longer treated differently from their male
counterparts. Whether it’s protecting women from sexual assault, pregnancy
discrimination or securing equal pay for equal work, Governor Cuomo deserves
enormous credit for achieving his ambitious agenda and never looking back.”
As part of Governor Cuomo’s efforts to protect women’s
rights, he signed a number of bills designed end discrimination and inequality
based on gender. The signed bills can be found here. These new laws will help
to:
· Achieve Pay Equity: This bill (S. 1 / A. 6075) would
strengthen New York State law to truly prohibit employers from paying women
less than men for performing the same work. The bill eliminates a loophole in
the current law that allows employers to prohibit employees from discussing
their salaries under threat of termination or suspension. Specifically, the
bill would allow employees to discuss their wages with each other. Further, the
bill increases the amount of damages available to an employee if an employer
willfully violates the law.
· Protect victims of sexual harassment: This bill (S. 2 / A.
5360) protects all employees from sexual harassment in the workplace regardless
of the size of the employer. Currently, the definition of “employer” excludes
employers with fewer than four employees, thus prohibiting individuals from
filing harassment complaints with the Division of Human Rights against those
employers. This new law expands the definition of “employer” to cover all
employers within New York in sexual harassment cases so that an employee of any
business can file a workplace sexual harassment complaint.
· Remove Barriers to Remedying Discrimination: This bill (S.
3 / A.7189) allows successful plaintiffs to recover attorneys’ fees in
employment or credit discrimination cases based on sex. This law enables
victims, most of whom are women, to have the opportunity to vindicate their
rights and be made whole in cases where they prevail. Under existing New York
State law, plaintiffs cannot recover attorney fees at trial for employment
discrimination cases, making it costly to bring a case.
· End Family Status Discrimination: This bill (S. 4 / A.
7317) prohibits employment discrimination based on familial status. Currently,
New York State law only prohibits discrimination based on familial status in
the areas of housing and credit, however, employees often suffer from
stereotypes relative to their status as parents or guardians of children under
the age of eighteen. Women have been most affected by stereotyped views of parents
in the work place and are less likely to be recommended for hire or promoted.
This new law prohibits employment agencies, licensing agencies, or labor
organizations from discriminating against workers based on their familial
status.
· Protect Victims of Domestic Violence from Housing
Discrimination: This bill (S. 5 / A. 6354-B) prohibits landlords from
discriminating against victims of domestic violence. Currently, under New York
State law an individual could be denied housing on the basis of his or her status
as a victim of domestic violence. This new bill protects victims of domestic
violence from discrimination when they attempt to rent or lease housing, and
provide them with an affirmative defense in eviction proceedings and a private
right of action. Additionally, this bill would create a Task Force to study the
impact that source of income has on access to housing.
· Protect Victims of Domestic Violence by Strengthening
Order-of-Protection Laws: This bill (S. 6 / A. 6262) creates a pilot program to
allow domestic violence victims to seek temporary orders of protection through
electronic means rather than having to appear in person. Currently domestic
violence victims face significant obstacles in securing protection from their
abusers. For example, some victims require immediate temporary orders of
protection, but have no means to travel to the appropriate family court. To
remove these obstacles and ensure these victims are able to secure much-needed
orders of protection, this bill would allow the Office of Court Administration
to develop a pilot program to allow victims to petition for temporary orders of
protection remotely. In addition, this bill ensures that orders of protection
are translated, when needed, and makes clear that a victim of domestic violence
who has an order of protection against her abuser cannot be accused of
violating her own order of protection.
· Strengthen Human Trafficking Laws: This bill (S. 7 / A.
506) strengthens existing law in New York State to combat human trafficking. It
eliminates the requirement that coercion be proven in a sex trafficking
prosecution when the victims are minors, increases penalties for the crime, and
creates an affirmative defense in prostitution prosecutions if the defendant
was a trafficking victim. In addition, the new law makes it easier for victims
of human trafficking to receive support services, and requires training for law
enforcement to adequately address human trafficking crimes.
· Protect Women from Pregnancy Discrimination: This bill (S.
8 / A. 4272) requires employers to provide reasonable accommodations for
pregnant employees. Some pregnancies can result in medical conditions requiring
certain accommodations within the workplace and current protections for
pregnant women are confusing and have been misinterpreted. This new law
clarifies that employers must perform a reasonable accommodation analysis for pregnant
employees.