Accommodation of Employees (Victims of Domestic Violence, Sex Offenses, and Stalking)
The Office of Equal Opportunity (OEO) serves as New York University’s (NYU) coordinator for compliance with the provisions of the New York State and City Human Rights Laws requiring employers to provide reasonable accommodation to employees who are victims of domestic violence, sex offenses, and/or stalking, unless doing so would cause undue hardship.
Types of Accommodation
Reasonable accommodations may include modifications or adjustments that allow an employee who is a victim of domestic violence, sex offenses, and/or stalking to satisfy the essential requisites of the job.
Depending on the circumstances, accommodation also may include time off from work* for reasons such as:
(i) seeking medical attention for injuries caused by domestic violence, including for a child who is a victim of domestic violence (provided that the employee is not the perpetrator of the domestic violence against the child);
(ii) obtaining services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence;
(iii) obtaining psychological counseling related to an incident or incidents of domestic violence, including for a child who is a victim of domestic violence (provided that the employee is not the perpetrator of the domestic violence against the child);
(iv) participating in safety planning and taking other actions to increase safety from future incidents of domestic violence, including temporary or permanent relocation; or
(v) obtaining legal services, assisting in the prosecution of the offense, or appearing in court in relation to the incident or incidents of domestic violence.
*Such time off shall run concurrently with time off taken for the same purpose under other applicable laws and University policies.
Process & Procedure
Requests for accommodation can be made to OEO in person (at the address 665 Broadway, NY, NY 10003), by phone (at the number 212-998-2370), or by email (email@example.com).
Cooperative Dialogue. Upon learning that an employee requires an accommodation due to domestic violence, sex offense, or stalking, OEO shall engage in a cooperative dialogue with the employee. The purpose of the cooperative dialogue is to understand the needs of the employee and, based on the circumstances, to identify any reasonable accommodations. Upon reaching a final determination at the conclusion of the cooperative dialogue, the OEO will provide the requestor with a written final determination identifying any accommodation granted or denied.
An employee may be required to provide confirming documentation to OEO within a reasonable period of time. Such may include:
(i) 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 (e.g., documentation from a medical professional, domestic violence advocate, health care provider, or counselor that the employee or their child was undergoing counseling or treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence);
(ii) a police report (e.g., a police report indicating that the employee or their child was a victim of domestic violence);
(iii) a court record (e.g., a court order protecting or separating the employee or their child from the perpetrator of an act of domestic violence); or
(iv) other corroborating evidence (e.g., other evidence from the court or prosecuting attorney that the employee appeared in court).
All information* provided to the University pursuant to this process shall be kept in the strictest confidence, except to the extent that the employee requests or consents to disclosure in writing, and/or except as otherwise required by applicable federal, state or local law.
*“All information” includes, but is not necessarily limited to, a statement of the employee requesting reasonable accommodation or any other documentation, record, or corroborating evidence; the fact that the employee has requested or obtained a reasonable accommodation pursuant to this process; and the employee’s status as a victim of domestic violence, sex offenses, or stalking.
“Victim of domestic violence” means one who:
§ has been subjected to acts or threats of violence (including, but not limited to acts, that would constitute violations of the New York Penal Law) committed: (i) by a current or former spouse of the victim, (ii) by a person with whom the victim shares a child in common, (iii) by a person who is cohabitating with or has cohabitated with the victim, (iv) by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, or (v) by a person who is or has continually or at regular intervals lived in the same household as the victim; or
§ is otherwise a victim of an act that would constitute a violation of the New York Penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted assault, attempted murder, criminal obstruction of breathing or blood circulation, or strangulation; and (i) such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to the victim or the victim’s child; and (ii) such act or acts are or are alleged to have been committed by a family or household member (as those terms are defined by the applicable provisions of the NY Social Services Law).
“Victim of sex offenses or stalking” means an employee who is the victim of acts that would constitute violations of the applicable provisions of the New York Penal Law.
Effective Date: November 13, 2019
Supersedes: October 2, 2018; May 9, 2017