Members of the New York State Assembly today take up a sex-trafficking bill that indicates a change in strategy on legislation aimed at supporting women. The possible future for what was once known as the “Women’s Equality Agenda” might see the package of proposals broken apart.
Ten provisions to have the state make progress on women's equality were linked together in a proposal by Governor Cuomo back in 2013. They included provisions on equal pay, reducing sexual harassment, going after discrimination based on family status, helping domestic violence victims in court and with orders of protection and more. NOW of New YorkPresident Sonia Ossario says it’s time for some progress.
“Every single issue is really important and it’s really important to make New York a progressive state, a leader on women’s issues. There’s lots of other issues, like: how do we pay for child care? …paid family leave.”
(PROVISIONS IN THE WOMEN'S EQUALITY AGENDA LISTED BELOW)
Governor Cuomo’s original plan was to keep all 10 together – or approve none. The one lynch pin? A provision on abortion language…which Family Planning Advocates President M. Tracey Brooks says has to stay.
“Passing important pieces of legislation is an important step. But to pass the Women’s Equality Agenda, the reproductive health provision must be passed as well. So whether it’s passing all of them as individual bills, or it’s passing an omnibus bill that’s inclusive of all of the planks, it’s not a Women’s Equality Agenda until every provision is passed.”
Now let’s be clear, both organizations are supportive of virtually all the goals of the Equality Agenda…they differ on tactics. NOW’s Ossario favors breaking the measures apart.
“My sense in talking with women when I’m out and about and our members across the state is that it’s time to get some of these measures done. It would’ve been great to get every single piece two years ago. That has yet to happen. It’s time to start making real change for women by making some of these laws.”
There has been progress, passing a sexual assault plank last session, and the sex trafficking bill up for consideration now. That one-by-one approach, though does not sit well with Family Planning’s Brooks.
“They passed really great pieces of legislation, but the Women’s Equality Agenda includes a piece of legislation that assures and comports New York’s law with the federal Row v. Wade policy. Until that piece of legislation is passed, certainly the State Senate has not passed the Women’s Equality Agenda.”
CNY lawmakers are split. Senators Defrancisco and Valesky are ready to move piece by piece…while Assembly member Magnarelli says women deserve all 10. Assembly Speaker Carl Heastie has come out in full support of the Women's Equality Agenda, but has indicated a desire to attack the measures one piece of legislation at a time.
WOMEN'S EQUALITY AGENDA PLANKS: SOME LAWMAKERS AND SUPPORT GROUPS WANT TO ADDRESS EACH INDIVIDUALLY, INSTEAD OF LINKING ALL TOGETHER.
1. Strengthening laws that require Equal Pay for Equal Work (Senate Bill 5872)
The Women’s Equality Act would:
1. Close a loophole in New York’s equal pay law that allows employers to justify paying female employees less
2. Outlaw workplace wage secrecy policies
3. Increase damages available to a prevailing litigant to 300% of unpaid wages
2. Ending Sexual Harassment on the job for Every Employee (Senate Bill 5873)
The Women’s Equality Act would:
Extend the prohibition on sexual harassment in the workplace to workplaces with fewer than four employees
3. Allowing for Attorney’s Fees in Employment, Credit, and Housing Sex Discrimination Cases (Senate Bill 5874)
The Women’s Equality Act would:
Allow litigants who win a sex discrimination suit to collect attorney’s fees
4. Ending Familial Status Discrimination (Senate Bill 5875)
The Women’s Equality Act would:
Outlaw discrimination against parents in the workplace
5. Ending Discrimination in Housing based on Domestic Violence Victim Status & Source of Income (S.5876)
The Women’s Equality Act would:
1. Prohibit building owners, managers and leasing agents from refusing to lease or sell, or evicting a tenant because of their status as a domestic violence victim
2. Create a task force to study the impact of discrimination based on source of income in housing, in particular discrimination against tenants receiving Section 8 rental assistance, with focus on any sex-based impact
6. Ensuring that Victims of Domestic Violence are not punished for “violating” their own Order of Protection (Senate Bill 5877)
The Women’s Equality Act would:
Ensure in law that protected parties cannot be held to violate an order of protection put in place to protect them
7. Creating a Pilot Program for Remote Access to Orders of Protection (Senate Bill 5878)
The Women’s Equality Act would:
Authorize the creation of a pilot program to allow domestic violence victims to testify remotely.
8. Strengthening laws against Human Trafficking (Senate Bill 5879)
The Women’s Equality Act would:
Offer better protection to survivors of human trafficking, especially minors, by treating survivors as victims and increasing penalties to punish offenders by:
1. Creating an affirmative defense to a prostitution charge that the individual was a trafficking victim;
2. Increasing penalties across the board for human trafficking and labor trafficking;
3. Creating new offenses, in increasing degrees, of aggravated patronizing a minor; and
4. Creating a civil action for victims of trafficking against their perpetrators.
9. Ending Pregnancy Discrimination (Senate Bill 5880)
The Women’s Equality Act would:
Require employers to provide reasonable accommodation to pregnant workers
10. Safeguarding Reproductive Health (Senate Bill 5881*)
The Women’s Equality Act would:
Ensure that a woman can access abortion care in New York State when her health is at risk by:
1. Codifying in New York State law the 1973 Supreme Court decision in Roe v. Wade;
2. Ensuring that a woman in New York can get an abortion within 24 weeks of pregnancy, or when necessary to protect her life or health;
3. Ensuring that physicians operating within their scope of practice cannot be criminally prosecuted in New York for providing such care; and
4. Retaining those provisions in state law that allow the state to prosecute those who harm pregnant women.
