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Assembly Bill A8861

2017-2018 Legislative Session

Relates to a uniform sexual harassment policy to be developed and implemented by the division of human rights

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Archive: Last Bill Status - In Assembly Committee

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2017-A8861 (ACTIVE) - Details

See Senate Version of this Bill:
S7241
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §295, Exec L; add §33-a, Leg L

2017-A8861 (ACTIVE) - Summary

Requires the division of human rights to develop and implement a uniform sexual harassment policy for all state agencies, offices and departments, the executive department, and every member, officer or employee of the legislature; provides that such policy shall define the conduct which is prohibited, establish a process for the resolution of complaints of such conduct, and provide for appropriate training for all employees of state agencies, offices and departments, including the executive department, and officials, members or employees of the legislature.

2017-A8861 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8861
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 22, 2017
                                ___________
 
 Introduced  by M. of A. GALEF, McDONALD -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law and the legislative law,  in  relation
   to  requiring  the division of human rights to develop and implement a
   uniform sexual harassment policy for all state agencies,  offices  and
   departments, the executive department, and the legislature
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 295 of the executive law is amended by adding a new
 subdivision 17 to read as follows:
   17. TO DEVELOP AND IMPLEMENT A UNIFORM SEXUAL  HARASSMENT  POLICY  FOR
 ALL  EMPLOYEES  OF  STATE  AGENCIES, OFFICES, DEPARTMENTS, INCLUDING THE
 EXECUTIVE DEPARTMENT, AND OFFICIALS, MEMBERS AND EMPLOYEES OF THE LEGIS-
 LATURE. SUCH POLICY SHALL DEFINE THE CONDUCT WHICH IS PROHIBITED, ESTAB-
 LISH A PROCESS FOR THE RESOLUTION OF COMPLAINTS  OF  SUCH  CONDUCT,  AND
 PROVIDE  FOR  APPROPRIATE  TRAINING FOR ALL EMPLOYEES OF STATE AGENCIES,
 OFFICES, DEPARTMENTS, INCLUDING THE EXECUTIVE DEPARTMENT, AND OFFICIALS,
 MEMBERS AND EMPLOYEES OF THE LEGISLATURE. COPIES OF THE  SEXUAL  HARASS-
 MENT  POLICY  PROMULGATED PURSUANT TO THIS SUBDIVISION SHALL BE DISTRIB-
 UTED TO ALL EMPLOYEES OF STATE AGENCIES, OFFICES, DEPARTMENTS, INCLUDING
 THE EXECUTIVE DEPARTMENT, AND OFFICIALS, MEMBERS AND  EMPLOYEES  OF  THE
 LEGISLATURE  AND  SHALL  BE  AVAILABLE  TO THE PUBLIC. SUCH POLICY SHALL
 INCLUDE, BUT NOT  BE  LIMITED  TO:  A  STANDARD  REPORTING  REQUIREMENT,
 REQUIRING AN INVESTIGATION WHICH TAKES NO MORE THAN NINETY DAYS FROM THE
 COMMENCEMENT  OF  THE  COMPLAINT  AND A DETERMINATION BY THE DIVISION NO
 MORE THAN THIRTY DAYS AFTER THE COMPLETION OF  SUCH  INVESTIGATION;  AND
 PROVIDING  THAT  ANY CONFIDENTIALITY AGREEMENT IN OR IN CONNECTION WITH,
 OR COLLATERAL TO, A SETTLEMENT AGREEMENT INVOLVING  A  CLAIM  OF  SEXUAL
 HARASSMENT OR SEXUAL MISCONDUCT IS AGAINST PUBLIC POLICY AND IS VOID AND
 UNENFORCEABLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13876-02-7

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