consider objective medical conditions such as injuries or permanent health impairments without respect to their origin or cause.
In New York State, Chapter 174 of the Laws of 1996 prohibits insurance companies and health maintenance organizations from discriminating against domestic violence victims. It specifically outlaws designating domestic violence as a preexisting condition and denying or canceling an insurance policy or requiring a higher premium or payment where the insured is/has been a domestic violence victim. Current or past exposure to domestic violence is not in and of itself a pre-existing condition and should not be considered in underwriting health and/or life insurance. Impairments arising from domestic violence should be evaluated in the same way as those arising from other causes; that is, to determine if there is an increased risk of mortality or morbidity as a result of those injuries or health impairments.
k.For employees who experience work performance difficulties as a result of being victims of domestic violence, employers should ensure that all of the proactive measures outlined in this policy have been taken to resolve the problem, and that the employee has been provided clear information about performance expectations, priorities, and performance evaluation. If a progressive discipline process is initiated, the employer should take special care to consider all aspects of the employee's situation, and should exhaust all available options in trying to resolve the performance problems.
While performance problems caused by domestic violence should be addressed proactively through the recommendations set forth above, being a victim of domestic violence is not a problem that is easily solved and performance difficulties often persist. Though the progressive discipline process itself should be applied consistently and fairly to all employees, including those who are domestic violence victims, employers should attempt to make every reasonable accommodation possible within the framework of that process.
If, after taking all possible measures to resolve the performance-related problems without success, employers decide to terminate an employee, or a victimized