Assembly Bill A8195A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8195--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 6, 2011
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, WRIGHT, MILLMAN, MAISEL, DINOWITZ,
  SCHIMEL, JEFFRIES, BARRON, N. RIVERA -- Multi-Sponsored by -- M. of A.
  ARROYO, GABRYSZAK, GLICK,  GOTTFRIED,  McENENY,  P. RIVERA,  ROBINSON,
  RUSSELL  --  read  once  and  referred  to  the  Committee on Labor --
  reported  and  referred  to  the  Committee  on  Codes  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the labor law, in relation to requiring sexual harass-
  ment training for hotel and motel employees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The labor law is amended by adding a new section 202-l to
read as follows:
  S 202-L. SEXUAL HARASSMENT TRAINING FOR HOTEL AND MOTEL EMPLOYEES.  1.
ON  OR AFTER THE NINETIETH DAY AFTER THE EFFECTIVE DATE OF THIS SECTION,
HOTELS AND MOTELS  SHALL  PROVIDE  SEXUAL  HARASSMENT  TRAINING  TO  ITS
EMPLOYEES  VIA  A  CLASSROOM OR OTHER EFFECTIVE INTERACTIVE TRAINING AND
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING TOPICS:
  (A) INFORMATION AND PRACTICAL GUIDANCE REGARDING  FEDERAL,  STATE  AND
LOCAL STATUTORY LAWS ABOUT SEXUAL HARASSMENT;
  (B)  INFORMATION  ABOUT  THE  CORRECTION  OF SEXUAL HARASSMENT AND THE
REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENT;
  (C)  PRACTICAL  EXAMPLES  AIMED  AT  INSTRUCTING  SUPERVISORS  IN  THE
PREVENTION OF SEXUAL HARASSMENT, DISCRIMINATION, AND RETALIATION.
  2. HOTELS AND MOTELS SHALL HAVE TWO MONTHS FROM THE HIRING DATE OF ANY
NEW EMPLOYEE TO PROVIDE SEXUAL HARASSMENT TRAINING FOR SUCH EMPLOYEE.
  3.  EMPLOYEES  SHALL  RECEIVE TRAINING EVERY TWO YEARS FOLLOWING THEIR
INITIAL TRAINING.
  4. ON OR BEFORE APRIL FIRST FOLLOWING THE TRAINING  REQUIRED  PURSUANT
TO SUBDIVISION ONE OF THIS SECTION, AND EVERY YEAR THEREAFTER, OPERATORS
OF  SUCH  HOTEL  OR MOTEL SHALL CERTIFY TO THE DEPARTMENT THAT THEY HAVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11855-08-1
              

A. 8195--A                          2

CONDUCTED SEXUAL HARASSMENT TRAINING AND  SHALL  INCLUDE  AN  ELECTRONIC
LIST  OF THE EMPLOYEES WHO PARTICIPATED IN THE TRAINING.  THE DEPARTMENT
WILL ISSUE A HOTEL OR MOTEL A CERTIFICATE OF COMPLIANCE  UPON  RECEIVING
SUCH LIST.
  5.  IMMEDIATELY  UPON  COMMENCEMENT  OF  EMPLOYMENT AND PRIOR TO THEIR
SEXUAL HARASSMENT TRAINING, EMPLOYEES SHALL BE  PROVIDED  WITH  A  "KNOW
YOUR  RIGHTS" BROCHURE DETAILING THE RIGHTS AND REMEDIES AVAILABLE UNDER
FEDERAL, STATE AND LOCAL LAW. THE BROCHURE  SHALL  BE  PRODUCED  BY  THE
DEPARTMENT,  IN  PLAIN  ENGLISH,  AND  SHALL  BE MADE AVAILABLE IN OTHER
LANGUAGES, INCLUDING BUT NOT LIMITED TO SPANISH, HAITIAN FRENCH, CHINESE
AND RUSSIAN.   EMPLOYEES SHALL SIGN A STATEMENT  ON  A  DOCUMENT  TO  BE
PRODUCED BY THE DEPARTMENT, CERTIFYING THAT THEY HAVE RECEIVED THE "KNOW
YOUR RIGHTS" BROCHURE REQUIRED PURSUANT TO THIS SECTION.
  6.  EMPLOYERS SHALL CONSPICUOUSLY POST AN EMPLOYEE'S BILL OF RIGHTS TO
BE PROMULGATED BY THE DEPARTMENT. THE BILL OF RIGHTS SHALL BE WRITTEN IN
PLAIN ENGLISH, AND SHALL BE MADE AVAILABLE IN OTHER LANGUAGES, INCLUDING
BUT NOT LIMITED TO SPANISH, HAITIAN FRENCH, CHINESE AND RUSSIAN.
  7.   THE DEPARTMENT SHALL ESTABLISH  PROTOCOL  FOR  SEXUAL  HARASSMENT
TRAINING WHICH SHALL BE AVAILABLE ONLINE TO HOTELS AND MOTELS SUBJECT TO
THE PROVISIONS OF THIS SECTION.
  8. UNDER THE SUPERVISION OF THE DEPARTMENT, ALL EMPLOYERS SHALL CREATE
AND  IMPLEMENT  A  COMPREHENSIVE  AND  CONFIDENTIAL  INCIDENT  REPORTING
SYSTEM, AND SHALL PUT CLEAR PROCEDURES IN PLACE TO GUIDE  EMPLOYEES  AND
MANAGERS IN THE REPORTING OF SEXUAL HARASSMENT INCIDENTS.
  9.  FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL RESULT
IN A PENALTY OF FIVE HUNDRED DOLLARS FOR THE FIRST  VIOLATION,  AND  FOR
THE SECOND AND EACH SUBSEQUENT VIOLATION, THE PENALTY SHALL BE ONE THOU-
SAND DOLLARS.
  10. (A) FAILURE TO PROVIDE THE TRAINING AND EDUCATION REQUIRED BY THIS
SECTION MAY BE CONSIDERED AS A FACTOR IN DETERMINING WHETHER AN EMPLOYER
MAY  BE  HELD  LIABLE  FOR  A CLAIM OF SEXUAL HARASSMENT OR HOSTILE WORK
ENVIRONMENT UNDER APPLICABLE LAW, BUT LIABILITY MAY  NOT  BE  PREDICATED
SOLELY  UPON  SUCH  FAILURE.  AN EMPLOYER'S COMPLIANCE WITH THIS SECTION
SHALL NOT  CONSTITUTE  A  DEFENSE  IN  ANY  JUDICIAL  OR  ADMINISTRATIVE
PROCEEDING  WHERE  A CLAIM OF SEXUAL HARASSMENT OR HOSTILE WORK ENVIRON-
MENT HAS BEEN BROUGHT.
  (B) EMPLOYERS SHALL BE PROHIBITED FROM RETALIATING AGAINST ANY EMPLOY-
EE WHO EXERCISES THEIR  RIGHTS  UNDER  THIS  SECTION,  OR  ANY  EMPLOYEE
REPORTING  A  COMPLAINT  TO MANAGEMENT OR THE AUTHORITIES THAT THEY HAVE
NOT RECEIVED TRAINING PURSUANT TO THIS SECTION OR A COMPLAINT OF  SEXUAL
HARASSMENT.
  11. THE TRAINING AND EDUCATION REQUIRED BY THIS SECTION IS INTENDED TO
ESTABLISH  A MINIMUM THRESHOLD AND SHOULD NOT DISCOURAGE, OR RELIEVE ANY
EMPLOYER FROM PROVIDING FOR LONGER, MORE  FREQUENT,  OR  MORE  ELABORATE
TRAINING  AND EDUCATION REGARDING WORKPLACE HARASSMENT OR OTHER FORMS OF
UNLAWFUL DISCRIMINATION IN ORDER TO MEET ITS  OBLIGATIONS  TO  TAKE  ALL
REASONABLE  STEPS  NECESSARY  TO  PREVENT  AND  CORRECT  HARASSMENT  AND
DISCRIMINATION.
  12. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A)  "HOTEL" AND/OR "MOTEL" SHALL MEAN ESTABLISHMENTS DISTINGUISHED AS
HOTELS, MOTELS, BUNGALOW COLONIES, OR ANY OTHER ESTABLISHMENT COMPARABLE
OR EQUIVALENT TO ANY OF THOSE PREVIOUSLY MENTIONED. THE TERM  SHALL  NOT
INCLUDE  THOSE  PLACES  OR  FACILITIES NOT HAVING THE GENERAL CHARACTER-
ISTICS OF A HOTEL OR MOTEL AS THAT TERM IS GENERALLY UNDERSTOOD AND  THE
COMMISSIONER  OF HEALTH SHALL HAVE THE POWER TO EXCEPT FROM THIS ARTICLE

A. 8195--A                          3

AND THE SANITARY CODE A PLACE OR FACILITY THAT IS NOT WITHIN THE  INTENT
OF  THIS  DEFINITION  OF  A MOTEL OR HOTEL.   THE TERM SHALL NOT INCLUDE
SMALL FAMILY OWNED AND OPERATED HOTELS, MOTELS OR BED AND BREAKFASTS.
  (B)  "EMPLOYEE" SHALL MEAN ANY PERSON EMPLOYED FOR HIRE INCLUDING SUB-
CONTRACTORS WHO WORKS TWENTY HOURS OR MORE PER WEEK.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law. Effective immediately, the addition, amendment and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized and directed  to  be  made
and completed on or before such effective date.