A 8070 - Requires Equal Pay - New York Key Vote

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Title: Requires Equal Pay

Vote Smart's Synopsis:

Vote to pass a bill that requires equal pay regardless of gender and amends regulations regarding abortion.

Highlights:

  • Expands the exceptions to the prohibition on an employer paying an employee a wage less than an equal of the opposite sex is paid to include a bona fide factor other than sex, such as education, training or experience (Part A, Sec. 1).
  • Prohibits the exception from being based upon or derived from sex-based differential in compensation and from being unrelated to the job position held (Part A, Sec. 1).
  • Authorizes the State Commissioner of Human Rights or a court to award “reasonable” attorney’s fees to any prevailing party in a housing discrimination lawsuit and claim of employment or credit discrimination where sex is a basis of such discrimination (Part C, Sec. 1). 
  • Prohibits a respondent from being liable for more than for attorney’s fees if he or she has been found liable for having committed an “unlawful discriminatory practice” in cases of employment discrimination (Part C, Sec. 1).
  • Defines “unlawful discriminatory practice” to include familial status, whereas existing law only defines it as discrimination against an individual’s age, race, sexual orientation, sex,  creed, national origin, domestic violence status, color, military status, disability, or predisposing genetic characteristics (Part D, Secs. 1-3).
  • Prohibits an individual, firm, or corporation owning or managing a building used for dwelling purposes from refusing to rent a residential unit and discriminating terms and conditions for rental based on an individual’s domestic violence status (Part E, Sec. 1).
  • Defines “domestic violence victim” with “domestic violence status” as an individual who is, or has been a parent accompanied by a minor child or children who are or have been in a situation in which such an individual is a victim of a violent felony offense, or a family offense alleged to have been committed by a member of the same family or household (Part E, Sec. 1).
  • Requires an Order of Protection or Temporary Order of Protection to remain in effect and hold notice even if the protected party consents to having contact or communication with the party against whom the order is issued, which can only be modified or terminated by the court (Part F, Secs. 1-14).
  • Authorizes the Chief Administrator of the courts, with the approval of the administrative board of the courts, to publicize rules to establish and implement a pilot program for the filing of petitions for temporary orders of protection by electronic means (Part G, Sec. 1).
  • Expands the definition of “sexually motivated felony” to include the aggravated patronizing of a minor for prostitution (Part H, Sec. 1).
  • Classifies “aggravated patronizing of a minor for prostitution” as the following felonies in the following circumstances (Part H, Sec. 14):
    • If the patronizing individual is at least 21 years old, and the patronized minor is less than 17 years old; a Class E felony;
    • If the patronizing individual is at least 18 years old, and the patronized minor is less than 15 years old; a Class D felony; and
    • If the patronizing individual is at least 18 years old, and the patronized minor is less than 11 years old; a Class B felony.
  • Classifies the patronizing of an individual for prostitution in a school zone as a class E felony (Part H, Sec. 12).
  • Expands the definition of “reasonable accommodation” in the workplace to include a “pregnancy-related condition,” whereas existing law only includes a disability (Part I, Sec. 1).
  • Prohibits the state from denying a woman’s ability to obtain an abortion within 24-weeks from commencement of her pregnancy, or when necessary to protect a woman’s life or health as determined by a licensed physician (Part J, Sec. 1).

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