S T A T E O F N E W Y O R K
________________________________________________________________________
7195
I N S E N A T E
(PREFILED)
January 3, 2018
___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Civil Service and
Pensions
AN ACT to amend the civil service law, the legislative law and the state
finance law, in relation to establishing sexual harassment prevention
protocols within the public sector
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 7 of the civil service law is amended by adding a
new title D to read as follows:
TITLE D
PREVENTION OF SEXUAL HARASSMENT BY EMPLOYEES
SECTION 110. ADOPTION OF ANTI-SEXUAL HARASSMENT POLICY.
111. POSTING OF NOTICE.
112. PREPARATION OF TRAINING PROGRAM.
§ 110. ADOPTION OF ANTI-SEXUAL HARASSMENT POLICY. 1. THE HEAD OF EACH
DEPARTMENT, DIVISION, BOARD, COMMISSION, BUREAU, PUBLIC BENEFIT CORPO-
RATION, PUBLIC AUTHORITY OR COMMISSION SHALL:
(A) ISSUE A STRONG MANAGEMENT POLICY STATEMENT DEFINING AND PROHIBIT-
ING SEXUAL HARASSMENT IN THE WORKPLACE. THE POLICY STATEMENT SHOULD
INFORM EMPLOYEES OF THEIR RIGHTS OF REDRESS, AND THE AVAILABILITY OF
COMPLAINT RESOLUTION CHANNELS AND ASSISTANCE WITH INCIDENTS OF SEXUAL
HARASSMENT. SUCH POLICY STATEMENT SHALL MAKE CLEAR THAT SEXUAL HARASS-
MENT IS CONSIDERED A FORM OF EMPLOYEE MISCONDUCT AND THAT SANCTIONS WILL
BE ENFORCED AGAINST INDIVIDUALS ENGAGING IN SEXUAL HARASSMENT AND
AGAINST SUPERVISORY AND MANAGERIAL PERSONNEL WHO KNOWINGLY ALLOW SUCH
BEHAVIOR TO CONTINUE. SUCH POLICY STATEMENT SHALL SPECIFY THAT THE DEFI-
NITION OF AN EMPLOYEE SHALL INCLUDE INTERNS, TEMPORARY EMPLOYEES, AND
INDIVIDUALS EMPLOYED PURSUANT TO A FELLOWSHIP PROGRAM SOLELY FOR THE
PURPOSES OF RIGHTS AND REMEDIES DUE TO AN INCIDENT OF SEXUAL HARASSMENT.
(B) WIDELY DISTRIBUTE THE POLICY STATEMENT BY PROVIDING IT TO ALL
EMPLOYEES, INCLUDING IT IN NEW EMPLOYEE ORIENTATION MATERIALS, AND
PUBLICIZING IT IN INTERNAL EMPLOYEE PUBLICATIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14051-03-7
S. 7195 2
(C) CONDUCT APPROPRIATE TRAINING TO INSTRUCT AND SENSITIZE ALL EMPLOY-
EES.
(D) DEVELOP GUIDELINES TO ENSURE THE SWIFT AND THOROUGH INVESTIGATION
OF ALLEGATIONS AND COMPLAINTS OF SEXUAL HARASSMENT AND ENFORCEMENT OF
APPROPRIATE SANCTIONS INCLUDING DISCIPLINARY ACTIONS. THE AFFIRMATIVE
ACTION OR A SIMILARLY SITUATED EMPLOYEE OFFICER SHALL HAVE RESPONSIBIL-
ITY FOR PROCESSING SUCH COMPLAINTS. ALL INVESTIGATIONS SHALL BE
CONDUCTED WITH DUE REGARD FOR CONFIDENTIALITY TO ENSURE PROTECTION OF
THE COMPLAINANT AND THE ACCUSED. VICTIMS SHALL BE INFORMED OF THE VARI-
OUS ADMINISTRATIVE AND LEGAL REMEDIES AVAILABLE IN ADDITION TO ANY
INTERNAL RESOLUTION PROCESS. THE COMPLAINT PROCEDURE SHALL PROVIDE FOR
SUBSEQUENT REVIEW TO DETERMINE IF THE SEXUAL HARASSMENT BEING ALLEGED,
IF FOUND TO BE MERITORIOUS, HAS EFFECTIVELY CEASED.
(E) ENACT A TIMELINE WITHIN THE ADOPTED GUIDELINES, PROVIDING FOR AN
INITIAL DETERMINATION ON THE VALIDITY OF AN ALLEGATION OF SEXUAL HARASS-
MENT WITHIN SIXTY DAYS OF AN INCIDENT BEING REPORTED BY AN EMPLOYEE WHO
HAS BEEN SUBJECT TO SUCH HARASSMENT, AND A RECOMMENDATION OF ACTION TO
BE TAKEN IN LIGHT OF THE INITIAL DETERMINATION WITHIN NINETY DAYS.
(F) PROVIDE THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS WITH A COPY OF
THE POLICY STATEMENT AND A BRIEF DESCRIPTION OF THE ACTIONS TAKEN AND
PLANNED IN REGARD TO PREVENTING AND COMBATING SEXUAL HARASSMENT IN THE
WORKPLACE, AND REPORT ALL COMPLAINTS AND THEIR RESOLUTION TO THE GOVER-
NOR'S OFFICE OF EMPLOYEE RELATIONS.
2. THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS SHALL PREPARE A MODEL
POLICY TO BE DISTRIBUTED TO EACH ENTITY COVERED UNDER SUBDIVISION ONE OF
THIS SECTION. FOR ANY COVERED ENTITY UNDER THE DIRECT AUTHORITY OF THE
EXECUTIVE BRANCH, ITS DESIGNATED OFFICER MAY EITHER ADOPT THE MODEL
POLICY OR MAKE SPECIFIC CHANGES TO THE MODEL POLICY THAT TAKE INTO
ACCOUNT PARTICULAR CIRCUMSTANCES FACING SUCH AGENCY. NOTICE MUST BE
PROVIDED TO THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS WHEN CHANGES TO
SUCH MODEL POLICY ARE MADE.
3. THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS SHALL PROVIDE INFORMA-
TION TO THE ENTITIES COVERED UNDER THIS SECTION TO ASSIST IN THE IMPLE-
MENTATION AND THE OPERATION OF PROVISIONS UNDER THIS SECTION.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFLICT WITH ANY
OTHER RIGHTS OF INDIVIDUALS UNDER STATE OR FEDERAL LAW.
§ 111. POSTING OF NOTICE. 1. THE DEPARTMENT, IN COORDINATION WITH THE
GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS AND THE DIVISION OF HUMAN
RIGHTS, SHALL PRODUCE A POSTER NO LESS THAN EIGHT AND A HALF FEET LONG
AND ELEVEN AND A HALF FEET WIDE TO BE DISTRIBUTED TO AND POSTED CONSPIC-
UOUSLY BY ALL EMPLOYERS IN THE STATE WHICH STATES AT A MINIMUM (A) THAT
SEXUAL HARASSMENT IS A VIOLATION OF STATE AND FEDERAL LAW; (B)
DESCRIPTIONS AND EXAMPLES OF SEXUAL HARASSMENT; (C) A STATEMENT OF THE
RANGE OF CONSEQUENCES FOR COMMITTING SEXUAL HARASSMENT AND/OR RETALIAT-
ING AGAINST AN INDIVIDUAL WHO COMPLAINS OF SEXUAL HARASSMENT; (D) THE
IDENTITY OF THE APPROPRIATE STATE AND FEDERAL EMPLOYMENT DISCRIMINATION
ENFORCEMENT AGENCIES; AND (E) CONTACT INFORMATION FOR SUCH AGENCIES.
2. THE DEPARTMENT MAY UTILIZE A POSTER GENERATED BY THE DIVISION OF
HUMAN RIGHTS TO THE EXTENT THAT SUCH POSTER CONFORMS WITH THE REQUIRE-
MENTS OF THIS SECTION AND IS OTHERWISE COMPLIANT WITH THE APPLICATION OF
ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW TO THE STATE WORKFORCE.
§ 112. PREPARATION OF TRAINING PROGRAM. 1. PURSUANT TO SECTION ONE
HUNDRED TEN OF THIS TITLE, EACH DEPARTMENT, DIVISION, BOARD, COMMISSION,
BUREAU, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY OR COMMISSION SHALL
CONDUCT APPROPRIATE TRAINING TO PREVENT SEXUAL HARASSMENT IN THE WORK-
PLACE.
S. 7195 3
2. ALL TRAINING TO PREVENT SEXUAL HARASSMENT IN THE WORKPLACE SHALL
INCLUDE INFORMATION CONCERNING THE FEDERAL AND STATE STATUTORY
PROVISIONS REGARDING SEXUAL HARASSMENT AND REMEDIES AVAILABLE TO VICTIMS
OF SEXUAL HARASSMENT.
3. ALL EMPLOYEES SHALL COMPLETE A TRAINING OF A MINIMUM OF TWO HOURS
WITHIN THE FIRST SIX MONTHS OF EMPLOYMENT, OR WITHIN SIX MONTHS OF THE
EFFECTIVE DATE OF THIS SECTION IF AN EMPLOYEE WAS EMPLOYED ON OR BEFORE
SUCH EFFECTIVE DATE.
4. IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION THREE OF THIS
SECTION, ALL SUPERVISORY EMPLOYEES, AS DEEMED BY THE DEPARTMENT, SHALL
COMPLETE AN ANNUAL TRAINING OF A MINIMUM OF ONE HOUR, EXCEPT WHERE A
SUPERVISORY EMPLOYEE IS SUBJECT TO SUBDIVISION THREE OF THIS SECTION, IN
WHICH CASE SUCH EMPLOYEE SHALL BE EXEMPT FROM TRAINING IN THE FIRST
CALENDAR YEAR OF EMPLOYMENT.
5. TRAINING CURRICULUM AND SCHEDULING OF SUCH TRAININGS REQUIRED UNDER
THIS TITLE SHALL BE COORDINATED BY THE GOVERNOR'S OFFICE OF EMPLOYEE
RELATIONS.
§ 2. The legislative law is amended by adding a new section 7-h to
read as follows:
§ 7-H. PREVENTION OF SEXUAL HARASSMENT IN THE LEGISLATURE. IT SHALL BE
THE POLICY OF THE LEGISLATURE TO PREVENT SEXUAL HARASSMENT AMONG THE
MEMBERS, OFFICERS, AND EMPLOYEES OF THE LEGISLATURE.
1. EACH HOUSE SHALL ISSUE A STRONG MANAGEMENT POLICY STATEMENT DEFIN-
ING AND PROHIBITING SEXUAL HARASSMENT IN THE WORKPLACE. SUCH POLICY
STATEMENT SHALL INFORM EMPLOYEES OF THEIR RIGHTS OF REDRESS, AND THE
AVAILABILITY OF COMPLAINT RESOLUTION CHANNELS AND ASSISTANCE WITH INCI-
DENTS OF SEXUAL HARASSMENT. SUCH POLICY STATEMENT SHALL MAKE CLEAR THAT
SEXUAL HARASSMENT IS CONSIDERED A FORM OF EMPLOYEE MISCONDUCT AND THAT
SANCTIONS WILL BE ENFORCED AGAINST INDIVIDUALS ENGAGING IN SEXUAL
HARASSMENT AND AGAINST SUPERVISORY AND MANAGERIAL PERSONNEL WHO KNOWING-
LY ALLOW SUCH BEHAVIOR TO CONTINUE. SUCH POLICY STATEMENT SHALL SPECIFY
THAT THE DEFINITION OF AN EMPLOYEE INCLUDE INTERNS, TEMPORARY EMPLOYEES,
AND INDIVIDUALS EMPLOYED PURSUANT TO A FELLOWSHIP PROGRAM SOLELY FOR THE
PURPOSES OF RIGHTS AND REMEDIES DUE TO AN INCIDENT OF SEXUAL HARASSMENT.
SUCH POLICY STATEMENT SHALL BE WIDELY DISTRIBUTED BY PROVIDING IT TO ALL
EMPLOYEES, INCLUDING IT IN NEW EMPLOYEE ORIENTATION MATERIALS, AND
PUBLICIZING IT IN INTERNAL EMPLOYEE PUBLICATIONS AND ON THEIR PUBLIC
WEBSITES. EACH EMPLOYEE SHALL SUBMIT ACKNOWLEDGEMENT OF HIS OR HER
RECEIPT OF SUCH POLICY STATEMENT.
2. EACH HOUSE SHALL DEVELOP GUIDELINES TO ENSURE THE SWIFT AND THOR-
OUGH INVESTIGATION OF ALLEGATIONS AND COMPLAINTS OF SEXUAL HARASSMENT
AND ENFORCEMENT OF APPROPRIATE SANCTIONS INCLUDING DISCIPLINARY ACTIONS.
AN OFFICER SHALL BE DESIGNATED BY EACH HOUSE IN ITS MANAGEMENT POLICY
STATEMENT WHO SHALL HAVE RESPONSIBILITY FOR PROCESSING COMPLAINTS. DUE
TO THE SENSITIVITY OF THE ISSUE, PARTICULAR EFFORTS SHOULD BE MADE TO
CONDUCT INVESTIGATIONS WITH DUE REGARD FOR CONFIDENTIALITY TO ENSURE
PROTECTION OF THE COMPLAINANT AND THE ACCUSED. ALTHOUGH THE INTENT IS TO
ADDRESS AND RESOLVE SUCH MATTERS AT THE WORKPLACE, VICTIMS SHALL BE
INFORMED OF THE VARIOUS ADMINISTRATIVE AND LEGAL REMEDIES AVAILABLE. THE
COMPLAINT PROCEDURE SHOULD PROVIDE FOR SUBSEQUENT REVIEW TO DETERMINE IF
THE SEXUAL HARASSMENT HAS BEEN EFFECTIVELY STOPPED. THE SPEAKER OF THE
ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE MAY JOINTLY DESIGNATE
AN OFFICER TO HANDLE INVESTIGATIONS AND DISPOSITION OF ALLEGATIONS AND
COMPLAINTS OF SEXUAL HARASSMENT IN BOTH HOUSES, OR MAY APPOINT AN OFFI-
CER IN EACH HOUSE RESPECTIVELY.
S. 7195 4
3. AN OFFICER WHO HAS BEEN DESIGNATED IN EACH HOUSE OR JOINTLY DESIG-
NATED BY THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
SENATE, AS THE CASE MAY BE, SHALL BE REQUIRED TO INVESTIGATE ALL
COMPLAINTS AND ISSUE A REPORT SUMMARIZING FINDINGS AND RECOMMENDED
ACTION, INCLUDING ANY REFERRAL TO THE RESPECTIVE STANDING COMMITTEE ON
ETHICS IN EACH HOUSE OF THE LEGISLATURE, OR LAW ENFORCEMENT AS MAY BE
NECESSARY AND APPROPRIATE, TO REMEDY ANY DISCRIMINATORY CONDUCT FOUND IN
SUCH REPORT. THE OFFICER SHALL PROVIDE AN INITIAL DETERMINATION ON THE
VALIDITY OF AN ALLEGATION OF SEXUAL HARASSMENT WITHIN SIXTY DAYS OF AN
INCIDENT BEING REPORTED BY AN EMPLOYEE WHO HAS BEEN SUBJECT TO SUCH
HARASSMENT, AND A RECOMMENDATION OF ACTION TO BE TAKEN IN LIGHT OF THE
INITIAL DETERMINATION WITHIN THIRTY DAYS AFTER THE CONCLUSION OF THE
INVESTIGATION AND INITIAL DETERMINATION.
4. UPON THE COMPLETION OF AN INVESTIGATION AND RECOMMENDATION FOR
ACTION TO BE TAKEN BASED ON AN ALLEGATION OF SEXUAL HARASSMENT, THE
OFFICER DESIGNATED PURSUANT TO SUBDIVISION THREE OF THIS SECTION SHALL
TRANSMIT TO THE LEGISLATIVE ETHICS COMMISSION THE FINAL REPORT, AND
SHALL REDACT ALL IDENTIFYING INFORMATION WITHIN THE REPORT TO ENSURE THE
CONFIDENTIALITY OF THE PARTIES. THE LEGISLATIVE ETHICS COMMISSION, UPON
RECEIPT OF SUCH REPORT, SHALL POST A COPY OF THE REPORT ON ITS WEBSITE
IN A PUBLICLY ACCESSIBLE PLACE.
5. EACH HOUSE SHALL CONDUCT APPROPRIATE TRAINING TO INSTRUCT AND
SENSITIZE ALL EMPLOYEES. ALL TRAININGS SHALL INCLUDE, AT A MINIMUM,
INFORMATION CONCERNING THE FEDERAL AND STATE STATUTORY PROVISIONS
CONCERNING SEXUAL HARASSMENT AND REMEDIES AVAILABLE TO VICTIMS OF SEXUAL
HARASSMENT. SUCH TRAINING SHALL BE (I) FOR MEMBERS OF THE LEGISLATURE,
AT LEAST TWO HOURS WITHIN THE FIRST SIX MONTHS OF A MEMBER'S ELECTION;
(II) FOR OFFICERS OR EMPLOYEES OF THE LEGISLATURE, AT LEAST TWO HOURS
WITHIN THE FIRST SIX MONTHS OF EMPLOYMENT; (III) FOR BOTH MEMBERS AND
OFFICERS OR EMPLOYEES OF THE LEGISLATURE, AT LEAST TWO HOURS WITHIN SIX
MONTHS OF THE EFFECTIVE DATE OF THIS SECTION IF AN OFFICER OR EMPLOYEE
WAS EMPLOYED ON OR BEFORE THE EFFECTIVE DATE, AND EVERY YEAR THEREAFTER;
AND (IV) FOR EMPLOYEES OF THE LEGISLATURE DEEMED TO BE SUPERVISORY
EMPLOYEES BY THE APPOINTING AUTHORITY, AN ADDITIONAL ONE HOUR EVERY
YEAR.
6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFLICT WITH ANY
OTHER RIGHTS OF INDIVIDUALS UNDER STATE OR FEDERAL LAW.
§ 3. The state finance law is amended by adding a new section 148 to
read as follows:
§ 148. PREVENTION OF SEXUAL HARASSMENT BY STATE CONTRACTORS. 1. DEFI-
NITION. FOR THE PURPOSES OF THIS SECTION, "STATE CONTRACTOR" SHALL MEAN
A BUSINESS WHICH EMPLOYS FIFTY PEOPLE OR MORE, OR RECEIVES CONTRACTS
WITH THE STATE VALUED AT AN AGGREGATE VALUE OF ONE MILLION DOLLARS OR
MORE PER YEAR.
2. ANTI-SEXUAL HARASSMENT POLICY. STATE CONTRACTORS SHALL BE REQUIRED
TO ADOPT A STRONG MANAGEMENT POLICY STATEMENT WHICH (I) DEFINES AND
PROHIBITS SEXUAL HARASSMENT IN THE WORKPLACE; (II) PROVIDES EXAMPLES OF
CONDUCT WHICH WOULD BE DEFINED AS UNLAWFUL SEXUAL HARASSMENT; AND (III)
INFORMS EMPLOYEES OF THEIR RIGHTS OF REDRESS, THE AVAILABILITY OF
COMPLAINT RESOLUTION CHANNELS AND ASSISTANCE WITH INCIDENTS OF SEXUAL
HARASSMENT. SUCH POLICY STATEMENT SHALL BE WIDELY DISTRIBUTED BY PROVID-
ING IT TO ALL EMPLOYEES, INCLUDING IT IN NEW EMPLOYEE ORIENTATION, AND
PUBLICIZING IT IN INTERNAL EMPLOYEE PUBLICATIONS.
3. ANTI-SEXUAL HARASSMENT TRAINING. STATE CONTRACTORS SHALL BE
REQUIRED TO CONDUCT APPROPRIATE TRAINING TO PREVENT SEXUAL HARASSMENT IN
THE WORKPLACE. SUCH TRAINING PROGRAMS SHALL INCLUDE INFORMATION
S. 7195 5
CONCERNING THE FEDERAL AND STATE STATUTORY PROVISIONS CONCERNING SEXUAL
HARASSMENT AND REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENT.
TRAINING SHALL BE A MINIMUM OF TWO HOURS ON A YEARLY BASIS FOR ALL
EMPLOYEES OF A STATE CONTRACTOR, EXCEPT FOR ALL EMPLOYEES OF A STATE
CONTRACTOR ON THE EFFECTIVE DATE OF THIS SECTION, WHERE IT SHALL BE
WITHIN SIX MONTHS OF SUCH EFFECTIVE DATE.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
