S T A T E O F N E W Y O R K
________________________________________________________________________
3646
2019-2020 Regular Sessions
I N A S S E M B L Y
January 30, 2019
___________
Introduced by M. of A. ROZIC -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to requiring employers to
provide employees notice of their sexual harassment prevention policy
and sexual harassment prevention training program in writing in
English and in employees' primary languages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph b of subdivision 1 of section 201-g of the labor
law, as added by section 1 of subpart E of part KK of chapter 57 of the
laws of 2018, is amended and a new subdivision 2-a is added to read as
follows:
b. Every employer shall adopt the model sexual harassment prevention
policy promulgated pursuant to this subdivision or establish a sexual
harassment prevention policy to prevent sexual harassment that equals or
exceeds the minimum standards provided by such model sexual harassment
prevention policy. Such sexual harassment prevention policy shall be
provided to all employees in writing AS REQUIRED BY SUBDIVISION TWO-A OF
THIS SECTION. Such model sexual harassment prevention policy shall be
publicly available and posted on the websites of both the department and
the division of human rights.
2-A. A. EVERY EMPLOYER SHALL PROVIDE HIS OR HER EMPLOYEES, IN WRITING
IN ENGLISH AND IN THE LANGUAGE IDENTIFIED BY EACH EMPLOYEE AS THE PRIMA-
RY LANGUAGE OF SUCH EMPLOYEE, AT THE TIME OF HIRING AND AT EVERY ANNUAL
SEXUAL HARASSMENT PREVENTION TRAINING PROVIDED PURSUANT TO SUBDIVISION
TWO OF THIS SECTION, A NOTICE CONTAINING SUCH EMPLOYER'S SEXUAL HARASS-
MENT PREVENTION POLICY AND THE INFORMATION PRESENTED AT SUCH EMPLOYER'S
SEXUAL HARASSMENT PREVENTION TRAINING PROGRAM. EACH TIME THE EMPLOYER
PROVIDES SUCH NOTICE TO AN EMPLOYEE, THE EMPLOYER SHALL OBTAIN FROM THE
EMPLOYEE A SIGNED AND DATED WRITTEN ACKNOWLEDGEMENT, IN ENGLISH AND IN
THE PRIMARY LANGUAGE OF THE EMPLOYEE, OF RECEIPT OF THIS NOTICE, WHICH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01373-01-9
A. 3646 2
THE EMPLOYER SHALL PRESERVE AND MAINTAIN FOR SIX YEARS. SUCH ACKNOWL-
EDGEMENT SHALL INCLUDE AN AFFIRMATION BY THE EMPLOYEE THAT THE EMPLOYEE
ACCURATELY IDENTIFIED HIS OR HER PRIMARY LANGUAGE TO THE EMPLOYER, AND
THAT THE NOTICE PROVIDED BY THE EMPLOYER TO SUCH EMPLOYEE PURSUANT TO
THIS SUBDIVISION WAS IN THE LANGUAGE SO IDENTIFIED OR OTHERWISE COMPLIED
WITH PARAGRAPH C OF THIS SUBDIVISION, AND SHALL CONFORM TO ANY ADDI-
TIONAL REQUIREMENTS ESTABLISHED BY THE COMMISSIONER WITH REGARD TO
CONTENT AND FORM.
B. THE COMMISSIONER SHALL PREPARE TEMPLATES OF THE MODEL SEXUAL
HARASSMENT PREVENTION POLICY CREATED AND PUBLISHED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION AND THE MODEL SEXUAL HARASSMENT PREVENTION
TRAINING PROGRAM PRODUCED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
EACH SUCH TEMPLATE SHALL BE DUAL-LANGUAGE, INCLUDING ENGLISH AND ONE
ADDITIONAL LANGUAGE. THE COMMISSIONER SHALL DETERMINE, IN HIS OR HER
DISCRETION, WHICH LANGUAGES TO PROVIDE IN ADDITION TO ENGLISH, BASED ON
THE SIZE OF THE NEW YORK STATE POPULATION THAT SPEAKS EACH LANGUAGE AND
ANY OTHER FACTOR THAT THE COMMISSIONER SHALL DEEM RELEVANT. ALL SUCH
TEMPLATES SHALL BE MADE AVAILABLE TO EMPLOYERS IN SUCH MANNER AS DETER-
MINED BY THE COMMISSIONER.
C. WHEN AN EMPLOYEE IDENTIFIES AS HIS OR HER PRIMARY LANGUAGE A
LANGUAGE FOR WHICH A TEMPLATE IS NOT AVAILABLE FROM THE COMMISSIONER,
THE EMPLOYER SHALL COMPLY WITH THIS SUBDIVISION BY PROVIDING THAT
EMPLOYEE AN ENGLISH-LANGUAGE NOTICE OR ACKNOWLEDGMENT.
D. AN EMPLOYER SHALL NOT BE PENALIZED FOR ERRORS OR OMISSIONS IN THE
NON-ENGLISH PORTIONS OF ANY NOTICE PROVIDED BY THE COMMISSIONER.
E. EVERY EMPLOYER SHALL NOTIFY HIS OR HER EMPLOYEES IN WRITING OF ANY
CHANGES TO HIS OR HER SEXUAL HARASSMENT PREVENTION POLICY OR TO THE
INFORMATION PRESENTED IN HIS OR HER SEXUAL HARASSMENT PREVENTION TRAIN-
ING PROGRAM, AT LEAST SEVEN CALENDAR DAYS PRIOR TO THE TIME OF SUCH
CHANGES.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.