Updated: May 22, 2013
Women in New York earn 84% of what men earn. This wage gap is even more severe for African-American and Hispanic Women, who earn 66% and 55% of that earned by non-Hispanic men in New York State, respectively. This amendment to the current law would ensure that women receive the wages they were always entitled to, as well as provide for an additional amount of liquidated damages equal to 300% of the back wages due. This new law would also tighten current exceptions so that pay differentials are only allowed when the employer can show that the differential is based on something other than sex and is related to Job performance. Additionally, the proposal will prohibit employers from terminating or retaliating against employees who share wage information, a practice that enables wage disparities to persist undetected.
Why New York State women need the groundbreaking Women’s Equality Agenda, a ten point plan which addresses pay equity, protects domestic violence victims, and makes sure women are protected from harassment and discrimination in housing, lending and employment.
Three quarters of the sexual harassment complaints filed in this State are filed by women. This amendment to the current law would protect workers from sexual and other forms of harassment regardless of the size of the workplace. Under the newlaw, an employee of any business, large or small, may file a complaint for sexual harassment.
Over 75% of the employment and credit and lending cases in this State are filed by women. The current law states that an individual cannot recover attorneys' fees for employment and credit and lending discrimination cases even after proving discrimination at trial. As a result (a) many who are discriminated against never seek redress; (b) those who hire an attorney on a contingency fee arrangement are not "made whole" for their losses because they must pay for their attorneys out of their recovery; and (c) some who cannot afford to hire an attorney, but who try to do so on a contingency basis, are unsuccessful because the case is either too small or too risky. This plan would amend the law to Include a provision for reasonable attorneys' fees for successful litigants, and ensure that victims of employment and credit and lending discrimination - most of whom are women - have an opportunity to vindicate their rights.
Human trafficking is a crime that exploits vulnerable individuals through force, fraud or coercion. The victims of sex trafficking are almost always women. The plan strengthens the existing law to remove the requirements that "coercion" be proven when the victims are minors, increase penalties for trafficking and create an affirmative defense in prostitution prosecutions mat the defendants participation was a result of having been a sex trafficking victim.
Women with children are less likely to be recommended for hire and promoted, and, in most cases,, are offered less in salary than similarly situated men. This proposal would amend the current law to prohibit employers from denying work or promotion to workers simply because they have children.
Many households suffer discrimination by landlords who are unwilling to rent to voucher holders. Female-headed households account for 76% of all housing choice vouchers issued, including section 8 vouchers. This amendment to the Human Rights Law will prohibit landlords from discriminating against tenants based on lawful sources of income.
Discrimination against victims of domestic violence is almost always discrimination against women - 85% of domestic violence victims are women. Under current state law, victims of domestic violence have no protection from discrimination in housing, meaning landlords can evict victims of domestic violence under zero-tolerance policies. This amendment to the Human Rights Law would protect victims of domestic violence from discrimination when they attempt to purchase, rent, or lease housing. In addition, the new law would prohibit landlords from inquiring about domestic violence victim status, as well as create an eviction defense in housing court requiring judges to consider facts related to domestic violence in their decision-making.
In order to adequately protect the rights of pregnant workers, it is necessary to create a specific protection in the Human Rights Law requiring employers to provide a reasonable accommodation for pregnancy-related conditions. Once amended, New York State law will serve as a model for all other states in the nation seeking to protect pregnant women from discrimination in the workplace.
Women face too many obstacles in securing protection from their abusers. Requiring victims of domestic violence victims seeking an order of protection to be in physical proximately to their abuser in court may be traumatic, unsafe, intimidating, and may ultimately influence testimony. This amendment will ensure that victims of domestic violence will be allowed to provide all required testimony by video-conference.
New York was a national leader protecting choice three years before the Supreme Court’s Roe v. Wade decision. Now, our laws are out of sync with federal protections. Governor Cuomo proposes to align New York law with federal law and current practice in New York by regulating abortion in the Public Health Law, where other medical procedures are regulated; ensuring that a woman’s health is front and center in every decision that a health care professional makes, as recognized by federal law; and clarifying that New York already regulates health care professionals and creates standards for what those medical professionals can and cannot do.