NY State Senate Bill 2017-S7195

Senate Bill S7195

2017-2018 Legislative Session

Relates to establishing sexual harassment prevention training protocols within the public sector

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to civil service and pensions

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2017-S7195 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add Art 7 Title D §§110 - 112, Civ Serv L; add §7-h, Leg L; add §148, St Fin L

2017-S7195 (ACTIVE) - Summary

Relates to establishing sexual harassment prevention training protocols within the public sector including a model management policy and training program and how to properly disseminate information to employers and employees.

2017-S7195 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7195

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:  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

 
PURPOSE:

To prevent sexual harassment in the workplace, provide remedies to
address sexual harassment, and proscribe affirmative conduct to help
prevent future incidents of sexual harassment through education and
awareness.

 
SUMMARY OF PROVISIONS:

Section 1 amends the civil service law and requires all state entities
to adopt a strong management policy prohibiting sexual harassment in the
workplace and providing administrative remedies to address such conduct.
The strong management policy would include, but not be limited to: a
statement that sexual harassment is a form of employee misconduct and

subject to sanctions against individuals who engage in sexual harassment
and supervisors who knowingly allow such behavior to continue; informa-
tion about an employee's rights to redress; and the availability of
assistance in dealing with incidents of harassment. The policy would
include a set timeline of issuing an initial determination of the valid-
ity of a complaint within sixty days, and a recommendation on addressing
the complaint within thirty days of the initial determination. Each
state entity is required to post an anti-harassment poster, subject
employees to a two-hour training course on sexual harassment in the
first six months of employment or the first six months after enactment
of this legislation, and distribute its policy to employees. Interns and
fellows would be considered employees solely for the purposes of the
internal policy. Agencies would also be required to develop clear guide-
lines for swift and thorough investigations of allegations of sexual
harassment, and appoint the affirmative action officer or a similarly
situated employee of each agency to process complaints. Besides from an
internal investigations, victims would be required to be notified of
administrative and legal remedies if they chose to bring their claims to
receive other legal recourse. Supervisory personnel as identified by the
Department of Civil Service shall also complete an annual one hour
training. The Governor's Office of Employee Relations shall prepare a
model policy for the entities to adopt or modify in limited circum-
stances and shall coordinate the required training programs.

Section 2 amends the Legislative Law to require both houses of the
Legislature to adopt a strong management policy prohibiting sexual
harassment in the workplace and providing administrative remedies to
address such conduct, and distribute those policies to all employers.
The strong management policy would include, but not be limited to: a
statement that sexual harassment is a form of employee misconduct and
subject to sanctions against individuals who engage in sexual harassment
and supervisors who knowingly allow such behavior to continue; informa-
tion about an employee's rights to redress; and the availability of
assistance in dealing with incidents of harassment.  Both houses of the
Legislature would also be required to adopt an internal procedure to
address allegations of sexual harassment and to issue a report on any
findings to ensure any claim with merit is referred to the proper ethics
committee or law enforcement officials.  The policy would include a set
timeline of issuing an initial determination of the validity of a
complaint within sixty days, and a recommendation on addressing the
complaint within ninety days.  Interns and fellows would be considered
employees solely for the purposes of the internal policy. An employee
would be appointed to oversee the harassment protocols in each house or
collectively. Each house is also required to subject members, employees
and officers to at least two hours of training on sexual harassment
within six months of election, employment, or the effective date of this
chapter, and every year thereafter, as well as an additional one hour of
training for staff that work as supervisors.

Section 3 amends the state finance law to require state contractors with
at least 50 employees or at least 1 million dollars in aggregate yearly
contracts to adopt an anti-sexual harassment policy and subject employ-
ees to at least 2 hours per year of training on sexual harassment.

Section 4 sets the effective date as 180 days after becoming a law.

 
JUSTIFICATION:

Several high profile incidents of sexual harassment in the public sector
in New York and around the country has emphasize the inadequate state
remedies for employees who are victims of sexual harassment. The state's
failure to properly address such discriminatory conduct fails to promote
gender equality in the workplace and subjects employees to hostile
conduct at work. Basic steps to outlaw sexual harassment in the work-
place and promote education about improper conduct can improve the work-
place conditions that employees in both the public and private sector
experience. This legislation proscribes affirmative steps within the
state's Executive and Legislative workforces to educate employees on
sexual harassment in the workplace. Clear articulation of internal poli-
cies, oversight and quick investigations would be implemented to cut
down on harassment and let all affected employees know that the state
does not tolerate harassment in the workplace. This legislation will
help address current workplace grievances and promote harassment-free
workplaces in the state's own workforce.

 
FISCAL IMPACT:

Some administrative cost to implement.

 
EFFECTIVE DATE:
180 days after becoming law.

2017-S7195 (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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Senate Bill S7195

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Sponsored By

Andrea Stewart-Cousins