S T A T E O F N E W Y O R K
________________________________________________________________________
429
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. ROSENTHAL, WRIGHT, DINOWITZ, SCHIMEL -- Multi-
Sponsored by -- M. of A. ARROYO, GLICK, GOTTFRIED, ROBINSON, RUSSELL
-- read once and referred to the Committee on Labor
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-m to
read as follows:
S 202-M. 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
CONDUCTED SEXUAL HARASSMENT TRAINING AND SHALL INCLUDE AN ELECTRONIC
LIST OF THE EMPLOYEES WHO PARTICIPATED IN THE TRAINING. THE DEPARTMENT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04211-01-5
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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
AND THE SANITARY CODE A PLACE OR FACILITY THAT IS NOT WITHIN THE INTENT
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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.