Litigation

New York Human Rights Law amended to prohibit discrimination against victims of domestic violence

By Michael Kaplen

Domestic violence is a frequent cause of traumatic brain injury in women.

New York State recently joined a handful of other states by enacting legislation prohibiting discrimination against victims of domestic violence. On July 7, 2009, New York Governor David A. Paterson signed into law an amendment to the New York Human Rights Law to include an individual's status as a "victim of domestic violence" in the list of characteristics protected from discrimination.

Other protected characteristics include age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, and marital status. The new provision is similar to a provision in the New York City Administrative Code, which was amended in 2001 to prohibit discrimination against victims of domestic violence.

Definition of Domestic Violence: The law defines a victim of domestic violence as an individual who has been subject to acts that would constitute a "family offense" under New York's Family Court Act. Such acts include disorderly conduct, harassment, stalking, criminal mischief, menacing, reckless endangerment, assault or attempted assault between spouses or former spouses or between parent and child or between members of the same family or household.

In addition to suing your spouse for divorce, in New York State victims of domestic violence can also bring a separate law suit for their traumatic brain injuries against their spouse.  Have your divorce lawyer call the New York brain injury attorneys at De Caro & Kaplen, LLP to discuss your brain injuries and ways that you can sue your spouse.

Full post as published by Brain Injury News and Information on August 13, 2009 (boomark / email).