Assembly Bill A3643A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3643--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, QUART, PAULIN, SEAWRIGHT, M. G. MILLER,
   LENTOL, GOTTFRIED, THIELE, CRUZ, STIRPE, SIMON, ZEBROWSKI, CYMBROWITZ,
   STERN,  GLICK,  FERNANDEZ,  MAGNARELLI,  EPSTEIN,  BRAUNSTEIN,  GALEF,
   MOSLEY  -- read once and referred to the Committee on Codes -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to  amend  the civil practice law and rules, in relation to the
   disclosure of certain settlements to the civil rights  bureau  of  the
   attorney general's office
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 5003-c to read as follows:
   § 5003-C. SETTLEMENTS RELATED TO DISCRIMINATION, SEXUAL HARASSMENT  OR
 SEXUAL ASSAULT. 1. AN INDIVIDUAL OR INSTITUTION SETTLING A CLAIM RELATED
 TO  ALLEGATIONS  OF  DISCRIMINATION, SEXUAL HARASSMENT OR SEXUAL ASSAULT
 SHALL DISCLOSE RECORDS OF THE SETTLEMENT TO THE CIVIL RIGHTS  BUREAU  OF
 THE  ATTORNEY  GENERAL'S OFFICE FOR THE PURPOSES OF IDENTIFYING EVIDENCE
 OF REPEATED OR PERSISTENT UNLAWFUL DISCRIMINATION. FOR THE  PURPOSES  OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "CLAIM"  SHALL  INCLUDE  ANY  LEGAL  CAUSE  OF ACTION OR COMPLAINT
 REPORTED TO AN INDIVIDUAL'S EMPLOYER OR FILED WITH A FEDERAL, STATE,  OR
 LOCAL AGENCY.
   B.  "RECORDS"  SHALL  MEAN  ANY AND ALL WRITTEN AGREEMENTS RESOLVING A
 CLAIM AND ANY AND ALL WRITTEN COMPLAINTS OR WRITTEN REPORTS OF THE ALLE-
 GATIONS.
   C. "DISCRIMINATION" SHALL MEAN ANY DISCRIMINATORY ACT PROHIBITED UNDER
 THE CIVIL RIGHTS LAW, ARTICLE FIFTEEN OF THE EXECUTIVE LAW OR APPLICABLE
 FEDERAL OR LOCAL ANTI-DISCRIMINATION LAWS.
   D. "SEXUAL HARASSMENT" SHALL MEAN UNWELCOME SEXUAL ADVANCES,  REQUESTS
 FOR  SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT ON THE BASIS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05652-02-9

 A. 3643--A                          2
 
 AN INDIVIDUAL'S  GENDER  OR  PERCEIVED  GENDER  WHEN  SUBMISSION  TO  OR
 REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICITLY, AFFECTS AN INDIVID-
 UAL'S  EMPLOYMENT,  UNREASONABLY  INTERFERES  WITH  AN INDIVIDUAL'S WORK
 PERFORMANCE  OR CREATES AN INTIMIDATING, HOSTILE OR OFFENSIVE WORK ENVI-
 RONMENT WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO OR DISCHARGE OF  THE
 INDIVIDUAL.
   E. "SEXUAL ASSAULT" SHALL MEAN UNWANTED SEXUAL CONTACT.
   2. A CLAIMANT ENTERING A SETTLEMENT RELATED TO ALLEGATIONS OF DISCRIM-
 INATION,  SEXUAL  HARASSMENT  OR SEXUAL ASSAULT SHALL BE PROVIDED WITH A
 DOCUMENT DESCRIBING THEIR RIGHTS ISSUED BY THE ATTORNEY GENERAL'S OFFICE
 AND OFFERED THE OPTION TO REQUEST THAT THE CIVIL RIGHTS  BUREAU  CONTACT
 THEM ABOUT THEIR CLAIM.
   3.  THE  ATTORNEY GENERAL'S OFFICE SHALL MAINTAIN CONFIDENTIAL RECORDS
 OF ALL INFORMATION DISCLOSED UNDER THIS SECTION.
   4. RECORDS SHALL BE SAFEGUARDED FROM COMING TO THE  KNOWLEDGE  OF  AND
 FROM  INSPECTION  OR  EXAMINATION  BY ANY PERSON OTHER THAN THE ATTORNEY
 GENERAL OR OTHER DESIGNATED OFFICIALS IN THE BUREAU FOR THE  PERFORMANCE
 OF  THEIR OFFICIAL DUTIES. AUTHORIZED PERSONS SHALL NOT DIVULGE INFORMA-
 TION CONTAINED THEREIN WITHOUT  THE  WRITTEN  CONSENT  OF  THE  ATTORNEY
 GENERAL.    THE  AUTHORIZED DISCLOSURE OF ANY SUCH INFORMATION SHALL NOT
 CONTAIN ANY INDIVIDUALLY IDENTIFIABLE INFORMATION FOR A SETTLING  PLAIN-
 TIFF.
   5. AN INDIVIDUAL OR INSTITUTION WHICH FAILS TO COMPLY WITH SUBDIVISION
 ONE  OR TWO OF THIS SECTION SHALL AFTER NOTICE OF SAID FAILURE SERVED BY
 THE ATTORNEY GENERAL BY CERTIFIED MAIL,  RETURN  RECEIPT  REQUESTED,  BE
 LIABLE  TO  THE  STATE OF NEW YORK FOR A FINE NOT TO EXCEED ONE THOUSAND
 DOLLARS FOR EACH FAILURE TO COMPLY AFTER THE EXPIRATION  OF  THE  THIRTY
 DAY  PERIOD FOLLOWING THE RECEIPT OF THE NOTICE FROM THE ATTORNEY GENER-
 AL, EXCEPT THAT THE TIME TO COMPLY  MAY  BE  EXTENDED  BY  THE  ATTORNEY
 GENERAL.  WHERE  THE  ATTORNEY GENERAL, AFTER SUCH THIRTY DAY PERIOD HAS
 EXPIRED, FINDS THAT THE FAILURE TO COMPLY WITH SUBDIVISION ONE OR TWO OF
 THIS SECTION IS DUE TO EXCUSABLE  IGNORANCE  OR  INADVERTENCE  OR  OTHER
 REASONABLE  CAUSE,  THE ATTORNEY GENERAL SHALL WAIVE THE FINE IMPOSED BY
 THIS SUBDIVISION.
   § 2. This act shall take effect immediately.