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Be it enacted by the Council as follows:
Section 1. Section 8-101 of the administrative code of the city
of New York is amended to read as follows:
§ 8-101 Policy. In the city of New York, with its great cosmopolitan
population, there is no greater danger to the health, morals, safety
and welfare of the city and its inhabitants than the existence of
groups prejudiced against one another and antagonistic to each other
because of their actual or perceived differences, including those
based on race, color, creed, age, national origin, alienage or citizenship
status, gender, sexual orientation, disability, marital status,
status as a victim of domestic violence or status as a victim of
sex offenses or stalking, whether children are, may be or would
be residing with a person or conviction or arrest record. The council
hereby finds and declares that prejudice, intolerance, bigotry,
and discrimination, bias-related violence or harassment and disorder
occasioned thereby threaten the rights and proper privileges of
its inhabitants and menace the institutions and foundation of a
free democratic state. A city agency is hereby created with power
to eliminate and prevent discrimination from playing any role in
actions relating to employment, public accommodations, and housing
and other real estate, and to take other actions against prejudice,
intolerance, bigotry, discrimination and bias-related violence or
harassment as herein provided; and the commission established hereunder
is hereby given general jurisdiction and power for such purposes.
§ 2. Subdivision four of section 8-102 of the administrative
code of the city of New York is amended to read as follows:
4. The term "unlawful discriminatory practice" includes
only those practices specified in [section] sections 8-107 and 8-107.1
of this chapter.
§ 3. Subdivision 18 of section 8-102 of the administrative
code of the city of New York is amended to read as follows:
18. The term "reasonable accommodation" means such accommodation
that can be made that shall not cause undue hardship in the conduct
of the covered entity's business. The covered entity shall have
the burden of proving undue hardship. In making a determination
of undue hardship with respect to claims filed under subdivisions
one or two of [section] section 8-107 or section 8-107.1 of this
chapter, the factors which may be considered include but shall not
be limited to:
(a) the nature and cost of the accommodations;
(b) the overall financial resources of the facility or the facilities
involved in the provision of the reasonable accommodation; the number
of persons employed at such facility; the effect on expenses and
resources, or the impact otherwise of such accommodation upon the
operation of the facility;
(c) the overall financial resources of the covered entity; the overall
size of the business of a covered entity with respect to the number
of its employees, the number, type, and location of its facilities;
and
(d) the type of operation or operations of the covered entity, including
the composition, structure, and functions of the workforce of such
entity; the geographic separateness, administrative, or fiscal relationship
of the facility or facilities in question to the covered entity.
§ 4. Section 8-107.1 of the administrative code of the city
of New York is amended to read as follows:
§ 8-107.1 Victims of Domestic Violence, Sex offenses or Stalking.
1. Definitions. Whenever used in this [section]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.
§ 5. This local law shall take effect immediately.
APPROVED
ON THE 22ND DAY OF DECEMBER 2003
Michael Bloomberg, MAYOR
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