S T A T E O F N E W Y O R K
________________________________________________________________________
8910
I N A S S E M B L Y
January 8, 2018
___________
Introduced by M. of A. ROZIC, DE LA ROSA -- read once and referred to
the Committee on Labor
AN ACT to amend the labor law and the executive law, in relation to
establishing sexual harassment prevention protocols within the private
sector
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 44 to
read as follows:
§ 44. PREVENTION OF SEXUAL HARASSMENT. 1. THE DEPARTMENT SHALL PRODUCE
A STRONG MODEL MANAGEMENT POLICY STATEMENT DEFINING AND PROHIBITING
SEXUAL HARASSMENT IN THE WORKPLACE. SUCH MODEL POLICY SHALL INCLUDE
RECOMMENDATIONS ON HOW EMPLOYERS MAY PROVIDE INFORMATION AND REMEDIES TO
EMPLOYEES, INCLUDING BUT NOT LIMITED TO A STATEMENT INFORMING EMPLOYEES
OF THEIR RIGHTS OF REDRESS, AND THE AVAILABILITY OF COMPLAINT RESOLUTION
CHANNELS AND ASSISTANCE WITH INCIDENTS OF SEXUAL HARASSMENT. SUCH MODEL
POLICY STATEMENT SHALL CLEARLY STATE THAT SEXUAL HARASSMENT IS CONSID-
ERED A FORM OF EMPLOYEE MISCONDUCT AND THAT SANCTIONS WILL BE ENFORCED
AGAINST INDIVIDUALS ENGAGING IN SEXUAL HARASSMENT AND AGAINST SUPERVISO-
RY AND MANAGERIAL PERSONNEL WHO KNOWINGLY ALLOW SUCH BEHAVIOR TO CONTIN-
UE.
2. THE DEPARTMENT SHALL PRODUCE A MODEL TRAINING PROGRAM TO PREVENT
SEXUAL HARASSMENT IN THE WORKPLACE.
(A) SUCH MODEL TRAINING PROGRAM SHALL INCLUDE INFORMATION CONCERNING
THE FEDERAL AND STATE STATUTORY PROVISIONS CONCERNING SEXUAL HARASSMENT
AND REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENT.
(B) SUCH DEPARTMENT SHALL ALSO INCLUDE INFORMATION IN SUCH MODEL
PROGRAM SPECIFICALLY ADDRESSING CONDUCT BY SUPERVISORS AS BOTH PARTIC-
IPANTS IN A GENERAL TRAINING PROGRAM AND IN A SUPERVISOR-SPECIFIC
PROGRAM TO PREVENT SEXUAL HARASSMENT IN THE WORKPLACE.
3. THE DEPARTMENT MAY CONSULT WITH THE DIVISION OF HUMAN RIGHTS IN THE
PRODUCTION OF INFORMATION SET FORTH UNDER THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14050-03-7
A. 8910 2
4. THE COMMISSIONER SHALL PROMULGATE REGULATIONS ALLOWING FOR DISTRIB-
UTION OF THE AVAILABILITY OF THE INFORMATION SET FORTH IN THIS SECTION
TO EMPLOYERS AND THE PUBLIC.
§ 2. Section 296 of the executive law is amended by adding two new
subdivisions 1-b and 22 to read as follows:
1-B. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER
TO:
(A) ENGAGE IN UNWELCOME SEXUAL ADVANCES TOWARDS, MAKE REQUESTS FOR
SEXUAL FAVORS FROM, OR ENGAGE IN OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL OR SEX-BASED NATURE WITH AN EMPLOYEE WHEN: (I) SUBMISSION TO SUCH
CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF
AN INDIVIDUAL'S EMPLOYMENT; (II) SUBMISSION TO OR REJECTION OF SUCH
CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS
AFFECTING SUCH INDIVIDUAL; OR (III) SUCH CONDUCT HAS THE PURPOSE OR
EFFECT OF INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE BY CREATING
AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, "EMPLOYER" SHALL INCLUDE ANY
INDIVIDUAL WHO MAY HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE,
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE OTHER EMPLOYEES, OR HAS RESPON-
SIBILITY TO DIRECT THEM OR EFFECTIVELY RECOMMEND SUCH ACTION, IF THE USE
OF SUCH AUTHORITY IS NOT MERELY ROUTINE OR CLERICAL IN NATURE, BUT
REQUIRES THE USE OF INDEPENDENT JUDGMENT.
22. IN ANY CASE BROUGHT PURSUANT TO THE PROVISIONS OF THIS ARTICLE ON
THE BASIS OF SEX OR SEXUAL HARASSMENT ONLY, WHERE A PERSON ALLEGES THAT
A COVERED ENTITY HAS DEPRIVED SUCH PERSON OF EQUAL TERMS AND CONDITIONS
OF EMPLOYMENT, LIABILITY FOR SUCH ALLEGED UNLAWFUL DISCRIMINATORY ACT
SHALL ATTACH WHERE THE COMPLAINANT OR PLAINTIFF DEMONSTRATES THAT THE
CONDUCT COMPLAINED OF WAS MOTIVATED IN WHOLE OR IN PART BY THE PERSON'S
SEX, REGARDLESS OF THE LEVEL OF PERVASIVENESS OR SEVERITY OF THE
DISCRIMINATION OR HARASSMENT. A COVERED ENTITY MAY DEMONSTRATE AS AN
AFFIRMATIVE DEFENSE TO LIABILITY PURSUANT TO THIS SUBDIVISION THAT THE
DISCRIMINATION OR HARASSMENT COMPLAINED OF CONSISTED OF NO GREATER THAN
WHAT A REASONABLE VICTIM OF DISCRIMINATION OR HARASSMENT WOULD CONSIDER
PETTY SLIGHTS AND TRIVIAL ANNOYANCES.
§ 3. Subdivision 5 of section 292 of the executive law, as amended by
chapter 363 of the laws of 2015, is amended to read as follows:
5. The term "employer" does not include any employer with fewer than
four persons in his or her employ except as set forth in section two
hundred ninety-six-b of this article, provided, however, that in the
case of an action for discrimination based on sex pursuant to subdivi-
sion one of section two hundred ninety-six of this article[, with
respect to] OR, IN THE CASE OF sexual harassment [only,] PURSUANT TO
SUBDIVISION ONE-B OF SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE, the
term "employer" shall include all employers within the state.
§ 4. The executive law is amended by adding a new section 96-b to read
as follows:
§ 96-B. NOTIFICATION OF LAWS ON SEXUAL HARASSMENT IN THE WORKPLACE. 1.
FOR ANY ENTITY FILING AND PAYING FILING FEES UNDER SUBDIVISION NINE OF
SECTION NINETY-SIX OF THIS ARTICLE, THE DEPARTMENT SHALL RESPOND TO AN
AUTHORIZED INDIVIDUAL ON BEHALF OF THE ENTITY WITH NOTICE OF STATE LAW
ON SEXUAL HARASSMENT IN THE WORKPLACE.
2. NOTICE PROVIDED TO FILING ENTITIES SHALL INCLUDE INFORMATION PURSU-
ANT TO SECTION FORTY-FOUR OF THE LABOR LAW AND SUBDIVISION ONE-B OF
SECTION TWO HUNDRED NINETY-SIX OF THIS CHAPTER. THE SECRETARY OF STATE
SHALL PROMULGATE REGULATIONS TO ADHERE TO THIS SECTION INCLUDING THE
NATURE OF THE REQUIRED NOTICE, THE TIMING THAT SUCH NOTICE SHALL BE
A. 8910 3
DELIVERED TO AN AUTHORIZED INDIVIDUAL ON BEHALF OF A FILING ENTITY, AND
ANY ADDITIONAL INFORMATION TO BE INCLUDED IN SUCH NOTICE.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.