senate Bill S6972

2017-2018 Legislative Session

Expands application of unlawful discriminatory practices based on sexual harassment

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to finance
Dec 15, 2017 referred to rules

Co-Sponsors

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S6972 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §292, Exec L; add §5003-b, CPLR; add §398-f, Gen Bus L

S6972 (ACTIVE) - Summary

Expands application of unlawful discriminatory practices based on sexual harassment to entities benefitting from or utilizing the services of an independent contractor; defines "sexual harassment; prohibits the confidentiality or non-disclosure of the basis of any sexual harassment action leading to a settlement; prohibits mandatory arbitration provisions in contracts relating to allegations of sexual harassment.

S6972 (ACTIVE) - Sponsor Memo

S6972 (ACTIVE) - Bill Text download pdf


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

                                  6972

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            December 15, 2017
                               ___________

Introduced  by  Sens. YOUNG, PHILLIPS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN ACT to amend the executive law, the civil practice law and rules  and
  the  general  business  law,  in relation to discrimination based upon
  sexual harassment

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

  Section  1.  Subdivision  5  of  section  292 of the executive law, as
amended by chapter 363 of the laws of 2015, is amended and a new  subdi-
vision 35 is added 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 sexual harassment only, the term "employer" shall include all employ-
ers  within  the  state.    PROVIDED,  FURTHER, THAT IN AN ACTION FOR AN
UNLAWFUL DISCRIMINATORY PRACTICE PURSUANT TO SUBDIVISION ONE OF  SECTION
TWO  HUNDRED  NINETY-SIX OF THIS ARTICLE, WITH RESPECT TO SEXUAL HARASS-
MENT ONLY, THE TERM "EMPLOYER" SHALL INCLUDE THOSE ENTITIES  BENEFITTING
FROM OR UTILIZING THE SERVICES OF AN INDEPENDENT CONTRACTOR.
  35.  THE  TERM  "SEXUAL  HARASSMENT"  MEANS UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL  CONDUCT  OF  A
SEXUAL NATURE WHEN SUBMISSION TO OR REJECTION OF SUCH CONDUCT, EXPLICIT-
LY  OR  IMPLICITLY,  AFFECTS  AN  INDIVIDUAL'S  EMPLOYMENT, UNREASONABLY
INTERFERES WITH AN INDIVIDUAL'S WORK PERFORMANCE OR  CREATES  AN  INTIM-
IDATING,  HOSTILE OR OFFENSIVE WORK ENVIRONMENT WITHOUT REGARD TO ACTUAL
ECONOMIC INJURY TO OR DISCHARGE OF THE INDIVIDUAL.
  § 2. The civil practice law and rules  is  amended  by  adding  a  new
section 5003-b to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13880-05-7

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