NY State Assembly Bill 2019-A5976B

Archive: Last Bill Status - On Floor Calendar

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
Feb 25, 2020	amended on third reading (t) 5976b
Jan 21, 2020	amended on third reading (t) 5976a
Jan 08, 2020	ordered to third reading cal.225 returned to assembly died in senate
Feb 27, 2019	referred to investigations and government operations delivered to senate passed assembly ordered to third reading rules cal.33 rules report cal.33 reported reported referred to rules reported referred to ways and means reported referred to codes
Feb 22, 2019	referred to governmental operations

Bill Amendments

Original

B (Active)

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2019-A5976 - Details

Law Section:: State Finance Law
Laws Affected:: Amd §139-l, St Fin L; amd §§17-a & 18-a, Pub Off L; amd §201-g, Lab L

2019-A5976 - Summary

Relates to the prevention of discrimination; replaces the term "sexual harassment" with "discrimination".

2019-A5976 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5976
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2019
                                ___________
 
 Introduced  by  M. of A. WRIGHT, PEOPLES-STOKES, BARRON, BICHOTTE, COOK,
   CRESPO, DE LA ROSA, GALEF, O'DONNELL, ROZIC, SEAWRIGHT, SIMON, TAYLOR,
   L. ROSENTHAL, HUNTER, GLICK, ARROYO, ORTIZ, NIOU, GOTTFRIED,  SIMOTAS,
   WALLACE,  OTIS, BRONSON, WEPRIN, FALL -- read once and referred to the
   Committee on Governmental Operations

 AN ACT to amend the state finance law, the civil practice law and rules,
   the public officers law, the general obligations law,  the  labor  law
   and the executive law, in relation to discrimination
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading and paragraph (a) of subdivision  1  of
 section 139-l of the state finance law, as added by section 1 of subpart
 A  of  part KK of chapter 57 of the laws of 2018, are amended to read as
 follows:
   Statement on [sexual harassment] DISCRIMINATION, in bids.
   (a) Every bid hereafter made to the state or any public department  or
 agency  thereof,  where competitive bidding is required by statute, rule
 or regulation, for work or services performed  or  to  be  performed  or
 goods  sold  or  to  be  sold,  shall  contain  the  following statement
 subscribed by the bidder and affirmed by such bidder as true  under  the
 penalty of perjury:
   "By  submission  of  this  bid, each bidder and each person signing on
 behalf of any bidder certifies, and in the case  of  a  joint  bid  each
 party  thereto  certifies  as  to its own organization, under penalty of
 perjury, that the bidder  has  and  has  implemented  a  written  policy
 addressing  [sexual  harassment]  DISCRIMINATION prevention in the work-
 place and provides annual [sexual harassment] DISCRIMINATION  prevention
 training  to all of its employees. Such policy shall, at a minimum, meet
 the requirements of section two hundred one-g of the labor law."
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10167-01-9

 A. 5976                             2
 
   § 2. Paragraphs 2 and 3 of subdivision (a)  of  section  7515  of  the
 civil practice law and rules, as added by section 1 of subpart B of part
 KK of chapter 57 of the laws of 2018, are amended to read as follows:
   2.  The term "prohibited clause" shall mean any clause or provision in
 any contract which requires as a condition of  the  enforcement  of  the
 contract  or  obtaining  remedies  under  the  contract that the parties
 submit to mandatory arbitration to resolve any allegation  or  claim  of
 [an  unlawful  discriminatory  practice  of sexual harassment] DISCRIMI-
 NATION, IN VIOLATION OF LAWS PROHIBITING DISCRIMINATION,  INCLUDING  BUT
 NOT LIMITED TO, ARTICLE FIFTEEN OF THE EXECUTIVE LAW.
   3.  The  term  "mandatory  arbitration  clause"  shall  mean a term or
 provision contained in a written contract which requires the parties  to
 such  contract  to  submit  any  matter  thereafter  arising  under such
 contract to arbitration prior to the commencement of any legal action to
 enforce the provisions of such contract and which also further  provides
 language to the effect that the facts found or determination made by the
 arbitrator  or panel of arbitrators in its application to a party alleg-
 ing [an unlawful discriminatory practice  based  on  sexual  harassment]
 DISCRIMINATION, IN VIOLATION OF LAWS PROHIBITING DISCRIMINATION, INCLUD-
 ING  BUT  NOT  LIMITED TO, ARTICLE FIFTEEN OF THE EXECUTIVE LAW shall be
 final and not subject to independent court review.
   § 3. The section heading and subdivision 2  of  section  17-a  of  the
 public  officers  law,  as added by section 1 of subpart C of part KK of
 chapter 57 of the laws of 2018, are amended to read as follows:
   Reimbursement of funds paid by state agencies and state  entities  for
 the  payment of awards adjudicated in [sexual harassment] DISCRIMINATION
 claims.
   2. Notwithstanding any law to the contrary, any employee who has  been
 subject to a final judgment of personal liability for intentional wrong-
 doing  related  to  a  claim  of  [sexual harassment] DISCRIMINATION, IN
 VIOLATION OF LAWS PROHIBITING DISCRIMINATION, INCLUDING BUT NOT  LIMITED
 TO,  ARTICLE  FIFTEEN  OF  THE  EXECUTIVE LAW, shall reimburse any state
 agency or entity that makes a payment to a plaintiff for an  adjudicated
 award  based  on  a  claim  of  [sexual  harassment]  DISCRIMINATION, IN
 VIOLATION OF LAWS PROHIBITING DISCRIMINATION, INCLUDING BUT NOT  LIMITED
 TO,  ARTICLE  FIFTEEN  OF THE EXECUTIVE LAW resulting in a judgment, for
 his or her proportionate share of such  judgment.  Such  employee  shall
 personally  reimburse  such state agency or entity within ninety days of
 the state agency or entity's payment of such award.
   § 4. The section heading and subdivision 2  of  section  18-a  of  the
 public  officers  law,  as added by section 2 of subpart C of part KK of
 chapter 57 of the laws of 2018, are amended to read as follows:
   Reimbursement of funds paid by a public  entity  for  the  payment  of
 awards adjudicated in [sexual harassment] DISCRIMINATION claims.
   2.  Notwithstanding any law to the contrary, any employee who has been
 subject to a final judgment of personal liability for intentional wrong-
 doing related to a  claim  of  [sexual  harassment]  DISCRIMINATION,  IN
 VIOLATION  OF LAWS PROHIBITING DISCRIMINATION, INCLUDING BUT NOT LIMITED
 TO, ARTICLE FIFTEEN OF THE EXECUTIVE LAW,  shall  reimburse  any  public
 entity  that  makes  a  payment  to a plaintiff for an adjudicated award
 based on a claim of [sexual harassment] DISCRIMINATION, IN VIOLATION  OF
 LAWS  PROHIBITING  DISCRIMINATION, INCLUDING BUT NOT LIMITED TO, ARTICLE
 FIFTEEN OF THE EXECUTIVE LAW resulting in a judgment,  for  his  or  her
 proportionate  share  of  such  judgment. Such employee shall personally
 reimburse such public entity within ninety days of the  public  entity's
 payment of such award.

 A. 5976                             3
 
   § 5. Section 5-336 of the general obligations law, as added by section
 1  of subpart D of part KK of chapter 57 of the laws of 2018, is amended
 to read as follows:
   §  5-336.  Nondisclosure  agreements. Notwithstanding any other law to
 the contrary, no employer, its officers  or  employees  shall  have  the
 authority to include or agree to include in any settlement, agreement or
 other resolution of any claim, the factual foundation for which involves
 [sexual  harassment]  DISCRIMINATION,  IN  VIOLATION OF LAWS PROHIBITING
 DISCRIMINATION, INCLUDING BUT NOT LIMITED TO,  ARTICLE  FIFTEEN  OF  THE
 EXECUTIVE  LAW,  any term or condition that would prevent the disclosure
 of the underlying facts and circumstances to the claim or action  unless
 the  condition  of  confidentiality is the complainant's preference. Any
 such term or  condition  must  be  provided  to  all  parties,  and  the
 complainant  shall  have twenty-one days to consider such term or condi-
 tion.  If  after  twenty-one  days  such  term  or  condition   is   the
 complainant's  preference,  such  preference shall be memorialized in an
 agreement signed by all parties. For a period of  at  least  seven  days
 following  the  execution  of such agreement, the complainant may revoke
 the agreement, and the  agreement  shall  not  become  effective  or  be
 enforceable until such revocation period has expired.
   §  6.  Section 5003-b of the civil practice law and rules, as added by
 section 2 of subpart D of part KK of chapter 57 of the laws of 2018,  is
 amended to read as follows:
   §  5003-b.  Nondisclosure agreements. Notwithstanding any other law to
 the contrary, for any claim or cause of action,  whether  arising  under
 common  law, equity, or any provision of law, the factual foundation for
 which involves [sexual harassment] DISCRIMINATION, IN VIOLATION OF  LAWS
 PROHIBITING  DISCRIMINATION,  INCLUDING  BUT  NOT  LIMITED  TO,  ARTICLE
 FIFTEEN OF THE EXECUTIVE LAW, in resolving, by agreed  judgment,  stipu-
 lation,  decree,  agreement  to  settle,  assurance of discontinuance or
 otherwise, no employer, its officer or employee shall have the authority
 to include or agree to include in such resolution any term or  condition
 that  would  prevent  the disclosure of the underlying facts and circum-
 stances to the claim or action unless the condition  of  confidentiality
 is  the  plaintiff's  preference.  Any  such  term  or condition must be
 provided to all parties, and the plaintiff shall have twenty-one days to
 consider such term or condition. If after twenty-one days such  term  or
 condition  is the plaintiff's preference, such preference shall be memo-
 rialized in an agreement signed by all parties. For a period of at least
 seven days following the execution of such agreement, the plaintiff  may
 revoke the agreement, and the agreement shall not become effective or be
 enforceable until such revocation period has expired.
   §  7. 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  to  read  as
 follows:
   §  201-g.  Prevention  of  [sexual  harassment] DISCRIMINATION. 1. The
 department shall consult with the division of human rights to create and
 publish a model [sexual harassment] DISCRIMINATION  prevention  guidance
 document  and  [sexual  harassment prevention] DISCRIMINATION PREVENTION
 policy that employers may utilize in their adoption of [a sexual harass-
 ment prevention] THE policy required by this section.  FOR  PURPOSES  OF
 THIS  SECTION, "DISCRIMINATION" SHALL MEAN UNLAWFUL DISCRIMINATORY PRAC-
 TICE, AS DEFINED IN SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE  LAW
 AND/OR  DISCRIMINATION OR HARASSMENT BASED ON RACE, COLOR, SEX, NATIONAL
 ORIGIN, CREED, SEXUAL ORIENTATION, GENDER IDENTITY OR  EXPRESSION,  AGE,

 A. 5976                             4
 
 DISABILITY, MILITARY STATUS, FAMILIAL STATUS, MARITAL STATUS, PREDISPOS-
 ING GENETIC CHARACTERISTICS, OR DOMESTIC VIOLENCE VICTIM STATUS.
   a. Such model [sexual harassment prevention] DISCRIMINATION PREVENTION
 policy shall: (i) prohibit [sexual harassment] DISCRIMINATION consistent
 with guidance issued by the department in consultation with the division
 of  human  rights  and provide examples of prohibited conduct that would
 constitute unlawful [sexual harassment] DISCRIMINATION; (ii) include but
 not be limited to information concerning the federal and state statutory
 provisions concerning [sexual harassment]  DISCRIMINATION  and  remedies
 available  to victims of [sexual harassment] DISCRIMINATION and a state-
 ment that there may be applicable local laws; (iii) include  a  standard
 complaint form; (iv) include a procedure for the timely and confidential
 investigation  of complaints and ensure due process for all parties; (v)
 inform employees of their rights of redress and all available forums for
 adjudicating [sexual harassment] DISCRIMINATION  complaints  administra-
 tively  and  judicially;  (vi)  clearly  state  that [sexual harassment]
 DISCRIMINATION is considered a form  of  employee  misconduct  and  that
 sanctions  will  be  enforced  against  individuals  engaging in [sexual
 harassment]  DISCRIMINATION  and  against  supervisory  and   managerial
 personnel  who  knowingly  allow  such  behavior  to continue; and (vii)
 clearly state that  retaliation  against  individuals  who  complain  of
 [sexual  harassment]  DISCRIMINATION  or  who  testify  or assist in any
 proceeding under the law is unlawful.
   b. Every employer shall adopt the model [sexual harassment]  DISCRIMI-
 NATION  prevention  policy  promulgated  pursuant to this subdivision or
 establish a [sexual  harassment]  DISCRIMINATION  prevention  policy  to
 prevent  [sexual  harassment]  DISCRIMINATION 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.  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. The department shall consult with the division of human rights  and
 produce  a  model [sexual harassment] DISCRIMINATION prevention training
 program to prevent [sexual harassment] DISCRIMINATION in the workplace.
   a. Such model [sexual harassment prevention] training program shall be
 interactive and include:   (i) an  explanation  of  [sexual  harassment]
 DISCRIMINATION  consistent  with  guidance  issued  by the department in
 consultation with the division of human rights; (ii) examples of conduct
 that would constitute unlawful [sexual harassment] DISCRIMINATION; (iii)
 information  concerning  the  federal  and  state  statutory  provisions
 concerning  [sexual harassment] DISCRIMINATION and remedies available to
 victims of [sexual  harassment]  DISCRIMINATION;  and  (iv)  information
 concerning  employees'  rights  of  redress and all available forums for
 adjudicating complaints.
   b. The department shall include  information  in  such  model  [sexual
 harassment  prevention]  training program addressing conduct by supervi-
 sors and any additional responsibilities for such supervisors.
   c. Every employer shall utilize [the] SUCH  model  [sexual  harassment
 prevention] training program pursuant to this subdivision or establish a
 training  program for employees to prevent [sexual harassment] DISCRIMI-
 NATION that equals or exceeds the minimum  standards  provided  by  such
 model  training.  Such  [sexual  harassment prevention] training PROGRAM
 shall be provided to all employees on an annual basis.

 A. 5976                             5
 
   3. The commissioner may promulgate regulations  as  he  or  she  deems
 necessary  for  the  purposes  of  carrying  out  the provisions of this
 section.
   §  8.  Section  296-d  of  the executive law, as added by section 1 of
 subpart F of part KK of chapter 57 of the laws of 2018,  is  amended  to
 read as follows:
   § 296-d. [Sexual harassment] DISCRIMINATION relating to non-employees.
 It  shall  be  an  unlawful  discriminatory  practice for an employer to
 permit [sexual harassment] DISCRIMINATION OR HARASSMENT BASED  ON  RACE,
 COLOR,  SEX, NATIONAL ORIGIN, CREED, SEXUAL ORIENTATION, GENDER IDENTITY
 OR EXPRESSION, AGE, DISABILITY, MILITARY STATUS, FAMILIAL STATUS,  MARI-
 TAL  STATUS,  PREDISPOSING GENETIC CHARACTERISTICS, OR DOMESTIC VIOLENCE
 VICTIM STATUS of non-employees in its workplace.   An  employer  may  be
 held  liable  to  a  non-employee  who  is  a contractor, subcontractor,
 vendor, consultant or other person  providing  services  pursuant  to  a
 contract  in  the  workplace  or  who is an employee of such contractor,
 subcontractor, vendor, consultant or  other  person  providing  services
 pursuant to a contract in the workplace, with respect to [sexual harass-
 ment]  DISCRIMINATION  OR HARASSMENT BASED ON RACE, COLOR, SEX, NATIONAL
 ORIGIN, CREED, SEXUAL ORIENTATION, GENDER IDENTITY OR  EXPRESSION,  AGE,
 DISABILITY, MILITARY STATUS, FAMILIAL STATUS, MARITAL STATUS, PREDISPOS-
 ING  GENETIC  CHARACTERISTICS,  OR DOMESTIC VIOLENCE VICTIM STATUS, when
 the employer, its agents or supervisors knew or should have  known  that
 such non-employee was subjected to [sexual harassment] DISCRIMINATION OR
 HARASSMENT  BASED  ON  RACE,  COLOR, SEX, NATIONAL ORIGIN, CREED, SEXUAL
 ORIENTATION, GENDER IDENTITY OR EXPRESSION,  AGE,  DISABILITY,  MILITARY
 STATUS, FAMILIAL STATUS, MARITAL STATUS, PREDISPOSING GENETIC CHARACTER-
 ISTICS,  OR DOMESTIC VIOLENCE VICTIM STATUS in the employer's workplace,
 and the employer failed to take  immediate  and  appropriate  corrective
 action.  In  reviewing such cases involving non-employees, the extent of
 the employer's control and any  other  legal  responsibility  which  the
 employer  may  have with respect to the conduct of the harasser shall be
 considered.
   § 9. Subdivision 5 of section 292 of the executive law, as amended  by
 chapter 363 of the laws of 2015, is amended 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
 employers within the state.
   § 10. Subdivisions 9 and 10 of section 63 of the executive law, subdi-
 vision 9 as amended by chapter 359 of the laws of 1969, are  amended  to
 read as follows:
   9.  Bring  and  prosecute  or  defend upon request of the [industrial]
 commissioner OF LABOR or the state division of human rights,  any  civil
 action  or  proceeding, the institution or defense of which in his judg-
 ment is necessary for effective enforcement of the laws  of  this  state
 against  discrimination  by reason of age, race, SEX, creed, color [or],
 national origin, SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR  EXPRESSION,
 MILITARY STATUS, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, FAMI-
 LIAL  STATUS, MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS, or for
 enforcement of any order or determination of such commissioner or  divi-
 sion made pursuant to such laws.

 A. 5976                             6
 
   10.  Prosecute  every person charged with the commission of a criminal
 offense in violation of any of the laws of this state against  discrimi-
 nation  because  of  AGE, race, SEX, creed, color, [or] national origin,
 SEXUAL ORIENTATION, GENDER  IDENTITY  OR  EXPRESSION,  MILITARY  STATUS,
 DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS, MARI-
 TAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS, in any case where in his
 judgment,  because of the extent of the offense, such prosecution cannot
 be effectively carried on by the district attorney of the county wherein
 the offense or a portion thereof is alleged to have been  committed,  or
 where  in  his  judgment the district attorney has erroneously failed or
 refused to prosecute. In all such proceedings, the attorney-general  may
 appear  in  person or by his deputy or assistant before any court or any
 grand jury and exercise all the powers and perform  all  the  duties  in
 respect of such actions or proceedings which the district attorney would
 otherwise be authorized or required to exercise or perform.
   §  11. Severability clause. If any clause, sentence, paragraph, subdi-
 vision, section or subpart of this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or  subject  thereof  directly involved in the controversy in which such
 judgment shall have been rendered. It  is  hereby  declared  to  be  the
 intent  of the legislature that this act would have been enacted even if
 such invalid provisions had not been included herein.
   § 12. This act shall take effect immediately; provided however:
   (a) section one of this act shall take effect on the first of  January
 next succeeding the date on which it shall have become a law;
   (b)  sections  two, five, and six of this act shall take effect on the
 ninetieth day after they shall have become a law; and
   (c) section seven of this act shall take effect  on  the  one  hundred
 eightieth day after it shall have become a law.
   (d)  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 and directed to be made and completed
 on or before such effective date.

co-Sponsors

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2019-A5976A - Details

Law Section:: State Finance Law
Laws Affected:: Amd §139-l, St Fin L; amd §§17-a & 18-a, Pub Off L; amd §201-g, Lab L

2019-A5976A - Summary

Relates to the prevention of discrimination; replaces the term "sexual harassment" with "discrimination".

2019-A5976A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5976--A
                                                         Cal. No. 225
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2019
                                ___________
 
 Introduced  by  M. of A. WRIGHT, PEOPLES-STOKES, BARRON, BICHOTTE, COOK,
   CRESPO, DE LA ROSA, GALEF, O'DONNELL, ROZIC, SEAWRIGHT, SIMON, TAYLOR,
   L. ROSENTHAL, HUNTER, GLICK, ARROYO, ORTIZ, NIOU, GOTTFRIED,  SIMOTAS,
   WALLACE,  OTIS,  BRONSON,  WEPRIN, FALL, JAFFEE, STERN, FRONTUS, CRUZ,
   COLTON, DAVILA, REYES, DINOWITZ, LENTOL -- read once and  referred  to
   the  Committee  on Governmental Operations -- ordered to a third read-
   ing, amended and ordered reprinted, retaining its place on  the  order
   of third reading
 
 AN  ACT  to  amend  the  state finance law, the public officers law, the
   labor law and the executive law, in relation to discrimination
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The section heading and paragraph (a) of subdivision 1 of
 section 139-l of the state finance law, as added by section 1 of subpart
 A of part KK of chapter 57 of the laws of 2018, are amended to  read  as
 follows:
   Statement on [sexual harassment] DISCRIMINATION, in bids.
   (a)  Every bid hereafter made to the state or any public department or
 agency thereof, where competitive bidding is required by  statute,  rule
 or  regulation,  for  work  or  services performed or to be performed or
 goods sold  or  to  be  sold,  shall  contain  the  following  statement
 subscribed  by  the bidder and affirmed by such bidder as true under the
 penalty of perjury:
   "By submission of this bid, each bidder and  each  person  signing  on
 behalf  of  any  bidder  certifies,  and in the case of a joint bid each
 party thereto certifies as to its own  organization,  under  penalty  of
 perjury,  that  the  bidder  has  and  has  implemented a written policy
 addressing [sexual harassment] DISCRIMINATION prevention  in  the  work-
 place  and provides annual [sexual harassment] DISCRIMINATION prevention
 training to all of its employees. Such policy shall, at a minimum,  meet
 the requirements of section two hundred one-g of the labor law."
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD10167-04-0

 A. 5976--A                          2
 
   §  2.  The  section  heading  and subdivision 2 of section 17-a of the
 public officers law, as added by section 1 of subpart C of  part  KK  of
 chapter 57 of the laws of 2018, are amended to read as follows:
   Reimbursement  of  funds paid by state agencies and state entities for
 the payment of awards adjudicated in [sexual harassment]  DISCRIMINATION
 claims.
   2.  Notwithstanding any law to the contrary, any employee who has been
 subject to a final judgment of personal liability for intentional wrong-
 doing related to a  claim  of  [sexual  harassment]  DISCRIMINATION,  IN
 VIOLATION  OF LAWS PROHIBITING DISCRIMINATION, INCLUDING BUT NOT LIMITED
 TO, ARTICLE FIFTEEN OF THE EXECUTIVE  LAW,  shall  reimburse  any  state
 agency  or entity that makes a payment to a plaintiff for an adjudicated
 award based  on  a  claim  of  [sexual  harassment]  DISCRIMINATION,  IN
 VIOLATION  OF LAWS PROHIBITING DISCRIMINATION, INCLUDING BUT NOT LIMITED
 TO, ARTICLE FIFTEEN OF THE EXECUTIVE LAW resulting in  a  judgment,  for
 his  or  her  proportionate  share of such judgment. Such employee shall
 personally reimburse such state agency or entity within ninety  days  of
 the state agency or entity's payment of such award.
   §  3.  The  section  heading  and subdivision 2 of section 18-a of the
 public officers law, as added by section 2 of subpart C of  part  KK  of
 chapter 57 of the laws of 2018, are amended to read as follows:
   Reimbursement  of  funds  paid  by  a public entity for the payment of
 awards adjudicated in [sexual harassment] DISCRIMINATION claims.
   2. Notwithstanding any law to the contrary, any employee who has  been
 subject to a final judgment of personal liability for intentional wrong-
 doing  related  to  a  claim  of  [sexual harassment] DISCRIMINATION, IN
 VIOLATION OF LAWS PROHIBITING DISCRIMINATION, INCLUDING BUT NOT  LIMITED
 TO,  ARTICLE  FIFTEEN  OF  THE EXECUTIVE LAW, shall reimburse any public
 entity that makes a payment to a  plaintiff  for  an  adjudicated  award
 based  on a claim of [sexual harassment] DISCRIMINATION, IN VIOLATION OF
 LAWS PROHIBITING DISCRIMINATION, INCLUDING BUT NOT LIMITED  TO,  ARTICLE
 FIFTEEN  OF  THE  EXECUTIVE  LAW resulting in a judgment, for his or her
 proportionate share of such judgment.  Such  employee  shall  personally
 reimburse  such  public entity within ninety days of the public entity's
 payment of such award.
   § 4. 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, paragraph b of subdivi-
 sion 1 as amended and subdivisions 2-a and 4 as added by chapter 160  of
 the laws of 2019, is amended to read as follows:
   §  201-g.  Prevention  of  [sexual  harassment] DISCRIMINATION. 1. The
 department shall consult with the division of human rights to create and
 publish a model [sexual harassment] DISCRIMINATION  prevention  guidance
 document  and  [sexual harassment] DISCRIMINATION prevention policy that
 employers may  utilize  in  their  adoption  of  a  [sexual  harassment]
 DISCRIMINATION  prevention  policy  required  by this section.   FOR THE
 PURPOSES OF THIS SECTION, "DISCRIMINATION" SHALL MEAN UNLAWFUL DISCRIMI-
 NATORY PRACTICE, AS DEFINED IN SECTION TWO  HUNDRED  NINETY-SIX  OF  THE
 EXECUTIVE  LAW AND/OR DISCRIMINATION OR HARASSMENT BASED ON RACE, COLOR,
 SEX, NATIONAL ORIGIN, CREED,  SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR
 EXPRESSION,  AGE,  DISABILITY, MILITARY STATUS, FAMILIAL STATUS, MARITAL
 STATUS,  PREDISPOSING  GENETIC  CHARACTERISTICS,  OR  DOMESTIC  VIOLENCE
 VICTIM STATUS.
   a.  Such  model  [sexual  harassment] DISCRIMINATION prevention policy
 shall: (i) prohibit [sexual harassment] DISCRIMINATION  consistent  with
 guidance  issued  by the department in consultation with the division of
 human rights and provide  examples  of  prohibited  conduct  that  would

 A. 5976--A                          3
 
 constitute unlawful [sexual harassment] DISCRIMINATION; (ii) include but
 not be limited to information concerning the federal and state statutory
 provisions  concerning  [sexual  harassment] DISCRIMINATION and remedies
 available  to victims of [sexual harassment] DISCRIMINATION and a state-
 ment that there may be applicable local laws; (iii) include  a  standard
 complaint form; (iv) include a procedure for the timely and confidential
 investigation  of complaints and ensure due process for all parties; (v)
 inform employees of their rights of redress and all available forums for
 adjudicating [sexual harassment] DISCRIMINATION  complaints  administra-
 tively  and  judicially;  (vi)  clearly  state  that [sexual harassment]
 DISCRIMINATION is considered a form  of  employee  misconduct  and  that
 sanctions  will  be  enforced  against  individuals  engaging in [sexual
 harassment]  DISCRIMINATION  and  against  supervisory  and   managerial
 personnel  who  knowingly  allow  such  behavior  to continue; and (vii)
 clearly state that  retaliation  against  individuals  who  complain  of
 [sexual  harassment]  DISCRIMINATION  or  who  testify  or assist in any
 proceeding under the law is unlawful.
   b. Every employer shall adopt the model [sexual harassment]  DISCRIMI-
 NATION  prevention  policy  promulgated  pursuant to this subdivision or
 establish a [sexual  harassment]  DISCRIMINATION  prevention  policy  to
 prevent  [sexual  harassment]  DISCRIMINATION that equals or exceeds the
 minimum standards provided by such model [sexual  harassment]  DISCRIMI-
 NATION   prevention  policy.  Such  [sexual  harassment]  DISCRIMINATION
 prevention policy shall be provided  to  all  employees  in  writing  as
 required  by  subdivision  two-a  of  this  section.  Such model [sexual
 harassment] DISCRIMINATION prevention policy shall be publicly available
 and posted on the websites of both the department and  the  division  of
 human rights.
   2.  The department shall consult with the division of human rights and
 produce a model [sexual harassment] DISCRIMINATION  prevention  training
 program to prevent [sexual harassment] DISCRIMINATION in the workplace.
   a.  Such  model [sexual harassment] DISCRIMINATION prevention training
 program shall be interactive and include: (i) an explanation of  [sexual
 harassment]  DISCRIMINATION  consistent  with  guidance  issued  by  the
 department in consultation with the division of human rights; (ii) exam-
 ples of conduct  that  would  constitute  unlawful  [sexual  harassment]
 DISCRIMINATION; (iii) information concerning the federal and state stat-
 utory provisions concerning [sexual harassment] DISCRIMINATION and reme-
 dies  available  to  victims  of [sexual harassment] DISCRIMINATION; and
 (iv) information concerning employees' rights of redress and all  avail-
 able forums for adjudicating complaints.
   b.  The  department  shall  include  information in such model [sexual
 harassment]  DISCRIMINATION  prevention  training   program   addressing
 conduct  by  supervisors  and  any  additional responsibilities for such
 supervisors.
   c. Every employer shall utilize the model [sexual harassment] DISCRIM-
 INATION prevention training program  pursuant  to  this  subdivision  or
 establish  a  training  program for employees to prevent [sexual harass-
 ment] DISCRIMINATION  that  equals  or  exceeds  the  minimum  standards
 provided by such model training. Such [sexual harassment] DISCRIMINATION
 prevention  training  shall  be  provided  to all employees on an annual
 basis.
   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] DISCRIMINATION prevention training provided pursuant

 A. 5976--A                          4
 
 to subdivision two of this section, a notice containing such  employer's
 [sexual harassment] DISCRIMINATION prevention policy and the information
 presented   at   such   employer's  [sexual  harassment]  DISCRIMINATION
 prevention training program.
   b.  The  commissioner  shall  prepare  templates  of the model [sexual
 harassment]  DISCRIMINATION  prevention  policy  created  and  published
 pursuant  to  subdivision  one  of  this  section  and the model [sexual
 harassment] DISCRIMINATION prevention training program produced pursuant
 to subdivision two of this section. 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 determined 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.
   d.  An  employer shall not be penalized for errors or omissions in the
 non-English portions of any notice provided by the commissioner.
   3. The commissioner may promulgate regulations  as  he  or  she  deems
 necessary  for  the  purposes  of  carrying  out  the provisions of this
 section.
   4. Beginning in the year two thousand twenty-two, and every succeeding
 four years thereafter, the department in consultation with the  division
 of  human rights shall evaluate, using the criteria within this section,
 the impact of  the  current  model  [sexual  harassment]  DISCRIMINATION
 prevention  guidance  document  and  [sexual  harassment] DISCRIMINATION
 prevention policy. Upon the completion of each evaluation the department
 shall update the model  [sexual  harassment]  DISCRIMINATION  prevention
 guidance  document  and  [sexual  harassment]  DISCRIMINATION prevention
 policy as needed.
   § 5. Section 296-d of the executive law, as amended by chapter 160  of
 the laws of 2019, is amended to read as follows:
   §  296-d. Unlawful discriminatory practices relating to non-employees.
 It shall be an unlawful  discriminatory  practice  for  an  employer  to
 permit  unlawful discrimination OR HARASSMENT BASED ON RACE, COLOR, SEX,
 NATIONAL  ORIGIN,  CREED,  SEXUAL  ORIENTATION,   GENDER   IDENTITY   OR
 EXPRESSION,  AGE,  DISABILITY, MILITARY STATUS, FAMILIAL STATUS, MARITAL
 STATUS,  PREDISPOSING  GENETIC  CHARACTERISTICS,  OR  DOMESTIC  VIOLENCE
 VICTIM  STATUS  against non-employees in its workplace.  An employer may
 be held liable to a non-employee who  is  a  contractor,  subcontractor,
 vendor,  consultant  or  other  person  providing services pursuant to a
 contract in the workplace or who is  an  employee  of  such  contractor,
 subcontractor,  vendor,  consultant  or  other person providing services
 pursuant to a contract in the workplace, with  respect  to  an  unlawful
 discriminatory  practice  OR  HARASSMENT  BASED  ON  RACE,  COLOR,  SEX,
 NATIONAL  ORIGIN,  CREED,  SEXUAL  ORIENTATION,   GENDER   IDENTITY   OR
 EXPRESSION,  AGE,  DISABILITY, MILITARY STATUS, FAMILIAL STATUS, MARITAL
 STATUS,  PREDISPOSING  GENETIC  CHARACTERISTICS,  OR  DOMESTIC  VIOLENCE
 VICTIM  STATUS,  when  the  employer,  its agents or supervisors knew or
 should have known that such non-employee was subjected  to  an  unlawful
 discriminatory  practice  OR  HARASSMENT  BASED  ON  RACE,  COLOR,  SEX,
 NATIONAL  ORIGIN,  CREED,  SEXUAL  ORIENTATION,   GENDER   IDENTITY   OR
 EXPRESSION,  AGE,  DISABILITY, MILITARY STATUS, FAMILIAL STATUS, MARITAL
 STATUS,  PREDISPOSING  GENETIC  CHARACTERISTICS,  OR  DOMESTIC  VIOLENCE

 A. 5976--A                          5
 
 VICTIM  STATUS  in  the employer's workplace, and the employer failed to
 take immediate and appropriate  corrective  action.  In  reviewing  such
 cases  involving non-employees, the extent of the employer's control and
 any  other legal responsibility which the employer may have with respect
 to the conduct of the person who engaged in the unlawful  discriminatory
 practice shall be considered.
   § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or subpart of this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or  subject  thereof  directly involved in the controversy in which such
 judgment shall have been rendered. It  is  hereby  declared  to  be  the
 intent  of the legislature that this act would have been enacted even if
 such invalid provisions had not been included herein.
   § 7. This act shall take effect immediately; provided however:
   (a) section one of this act shall take effect on the first of  January
 next succeeding the date on which it shall have become a law; and
   (b)  section  four  of  this  act shall take effect on the one hundred
 eightieth day after it shall have become a law.
   (c) 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.

co-Sponsors

View additional co-sponsors

2019-A5976B (ACTIVE) - Details

Law Section:: State Finance Law
Laws Affected:: Amd §139-l, St Fin L; amd §§17-a & 18-a, Pub Off L; amd §201-g, Lab L

2019-A5976B (ACTIVE) - Summary

Relates to the prevention of discrimination; replaces the term "sexual harassment" with "discrimination".

2019-A5976B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5976--B
                                                         Cal. No. 225
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2019
                                ___________
 
 Introduced  by  M. of A. WRIGHT, PEOPLES-STOKES, BARRON, BICHOTTE, COOK,
   CRESPO, DE LA ROSA, GALEF, O'DONNELL, ROZIC, SEAWRIGHT, SIMON, TAYLOR,
   L. ROSENTHAL, HUNTER, GLICK, ARROYO, ORTIZ, NIOU, GOTTFRIED,  SIMOTAS,
   WALLACE,  OTIS,  BRONSON,  WEPRIN, FALL, JAFFEE, STERN, FRONTUS, CRUZ,
   COLTON, DAVILA, REYES, DINOWITZ, LENTOL -- read once and  referred  to
   the  Committee  on Governmental Operations -- ordered to a third read-
   ing, amended and ordered reprinted, retaining its place on  the  order
   of third reading -- again amended on third reading, ordered reprinted,
   retaining its place on the order of third reading
 
 AN  ACT to amend the state finance law, the public officers law, and the
   labor law, in relation to discrimination
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The section heading and paragraph (a) of subdivision 1 of
 section 139-l of the state finance law, as added by section 1 of subpart
 A of part KK of chapter 57 of the laws of 2018, are amended to  read  as
 follows:
   Statement on [sexual harassment] DISCRIMINATION, in bids.
   (a)  Every bid hereafter made to the state or any public department or
 agency thereof, where competitive bidding is required by  statute,  rule
 or  regulation,  for  work  or  services performed or to be performed or
 goods sold  or  to  be  sold,  shall  contain  the  following  statement
 subscribed  by  the bidder and affirmed by such bidder as true under the
 penalty of perjury:
   "By submission of this bid, each bidder and  each  person  signing  on
 behalf  of  any  bidder  certifies,  and in the case of a joint bid each
 party thereto certifies as to its own  organization,  under  penalty  of
 perjury,  that  the  bidder  has  and  has  implemented a written policy
 addressing [sexual harassment] DISCRIMINATION prevention  in  the  work-
 place  and provides annual [sexual harassment] DISCRIMINATION prevention
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10167-06-0

 A. 5976--B                          2
 
 training to all of its employees. Such policy shall, at a minimum,  meet
 the requirements of section two hundred one-g of the labor law."
   §  2.  The  section  heading  and subdivision 2 of section 17-a of the
 public officers law, as added by section 1 of subpart C of  part  KK  of
 chapter 57 of the laws of 2018, are amended to read as follows:
   Reimbursement  of  funds paid by state agencies and state entities for
 the payment of awards adjudicated in [sexual harassment]  DISCRIMINATION
 claims.
   2.  Notwithstanding any law to the contrary, any employee who has been
 subject to a final judgment of personal liability for intentional wrong-
 doing related to a  claim  of  [sexual  harassment]  DISCRIMINATION,  IN
 VIOLATION  OF LAWS PROHIBITING DISCRIMINATION, INCLUDING BUT NOT LIMITED
 TO, ARTICLE FIFTEEN OF THE EXECUTIVE  LAW,  shall  reimburse  any  state
 agency  or entity that makes a payment to a plaintiff for an adjudicated
 award based  on  a  claim  of  [sexual  harassment]  DISCRIMINATION,  IN
 VIOLATION  OF LAWS PROHIBITING DISCRIMINATION, INCLUDING BUT NOT LIMITED
 TO, ARTICLE FIFTEEN OF THE EXECUTIVE LAW resulting in  a  judgment,  for
 his  or  her  proportionate  share of such judgment. Such employee shall
 personally reimburse such state agency or entity within ninety  days  of
 the state agency or entity's payment of such award.
   §  3.  The  section  heading  and subdivision 2 of section 18-a of the
 public officers law, as added by section 2 of subpart C of  part  KK  of
 chapter 57 of the laws of 2018, are amended to read as follows:
   Reimbursement  of  funds  paid  by  a public entity for the payment of
 awards adjudicated in [sexual harassment] DISCRIMINATION claims.
   2. Notwithstanding any law to the contrary, any employee who has  been
 subject to a final judgment of personal liability for intentional wrong-
 doing  related  to  a  claim  of  [sexual harassment] DISCRIMINATION, IN
 VIOLATION OF LAWS PROHIBITING DISCRIMINATION, INCLUDING BUT NOT  LIMITED
 TO,  ARTICLE  FIFTEEN  OF  THE EXECUTIVE LAW, shall reimburse any public
 entity that makes a payment to a  plaintiff  for  an  adjudicated  award
 based  on a claim of [sexual harassment] DISCRIMINATION, IN VIOLATION OF
 LAWS PROHIBITING DISCRIMINATION, INCLUDING BUT NOT LIMITED  TO,  ARTICLE
 FIFTEEN  OF  THE  EXECUTIVE  LAW resulting in a judgment, for his or her
 proportionate share of such judgment.  Such  employee  shall  personally
 reimburse  such  public entity within ninety days of the public entity's
 payment of such award.
   § 4. 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, paragraph b of subdivi-
 sion 1 as amended and subdivisions 2-a and 4 as added by chapter 160  of
 the laws of 2019, is amended to read as follows:
   §  201-g.  Prevention  of  [sexual  harassment] DISCRIMINATION. 1. The
 department shall consult with the division of human rights to create and
 publish a model [sexual harassment] DISCRIMINATION  prevention  guidance
 document  and  [sexual harassment] DISCRIMINATION prevention policy that
 employers may  utilize  in  their  adoption  of  a  [sexual  harassment]
 DISCRIMINATION  prevention  policy  required  by this section.   FOR THE
 PURPOSES OF THIS SECTION, "DISCRIMINATION" SHALL MEAN UNLAWFUL DISCRIMI-
 NATORY PRACTICE, AS DEFINED IN SECTION TWO  HUNDRED  NINETY-SIX  OF  THE
 EXECUTIVE  LAW AND/OR DISCRIMINATION OR HARASSMENT BASED ON RACE, COLOR,
 SEX, NATIONAL ORIGIN, CREED,  SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR
 EXPRESSION,  AGE,  DISABILITY, MILITARY STATUS, FAMILIAL STATUS, MARITAL
 STATUS,  PREDISPOSING  GENETIC  CHARACTERISTICS,  OR  DOMESTIC  VIOLENCE
 VICTIM STATUS.
   a.  Such  model  [sexual  harassment] DISCRIMINATION prevention policy
 shall: (i) prohibit [sexual harassment] DISCRIMINATION  consistent  with

 A. 5976--B                          3
 
 guidance  issued  by the department in consultation with the division of
 human rights and provide  examples  of  prohibited  conduct  that  would
 constitute unlawful [sexual harassment] DISCRIMINATION; (ii) include but
 not be limited to information concerning the federal and state statutory
 provisions  concerning  [sexual  harassment] DISCRIMINATION and remedies
 available to victims of [sexual harassment] DISCRIMINATION and a  state-
 ment  that  there may be applicable local laws; (iii) include a standard
 complaint form; (iv) include a procedure for the timely and confidential
 investigation of complaints and ensure due process for all parties;  (v)
 inform employees of their rights of redress and all available forums for
 adjudicating  [sexual  harassment] DISCRIMINATION complaints administra-
 tively and judicially;  (vi)  clearly  state  that  [sexual  harassment]
 DISCRIMINATION  is  considered  a  form  of employee misconduct and that
 sanctions will be  enforced  against  individuals  engaging  in  [sexual
 harassment]   DISCRIMINATION  and  against  supervisory  and  managerial
 personnel who knowingly allow  such  behavior  to  continue;  and  (vii)
 clearly  state  that  retaliation  against  individuals  who complain of
 [sexual harassment] DISCRIMINATION or  who  testify  or  assist  in  any
 proceeding under the law is unlawful.
   b.  Every employer shall adopt the model [sexual harassment] DISCRIMI-
 NATION prevention policy promulgated pursuant  to  this  subdivision  or
 establish  a  [sexual  harassment]  DISCRIMINATION  prevention policy to
 prevent [sexual harassment] DISCRIMINATION that equals  or  exceeds  the
 minimum  standards  provided by such model [sexual harassment] DISCRIMI-
 NATION  prevention  policy.  Such  [sexual  harassment]   DISCRIMINATION
 prevention  policy  shall  be  provided  to  all employees in writing as
 required by subdivision  two-a  of  this  section.  Such  model  [sexual
 harassment] DISCRIMINATION prevention policy shall be publicly available
 and  posted  on  the websites of both the department and the division of
 human rights.
   2. The department shall consult with the division of human rights  and
 produce  a  model [sexual harassment] DISCRIMINATION prevention training
 program to prevent [sexual harassment] DISCRIMINATION in the workplace.
   a. Such model [sexual harassment] DISCRIMINATION  prevention  training
 program  shall be interactive and include: (i) an explanation of [sexual
 harassment]  DISCRIMINATION  consistent  with  guidance  issued  by  the
 department in consultation with the division of human rights; (ii) exam-
 ples  of  conduct  that  would  constitute  unlawful [sexual harassment]
 DISCRIMINATION; (iii) information concerning the federal and state stat-
 utory provisions concerning [sexual harassment] DISCRIMINATION and reme-
 dies available to victims of  [sexual  harassment]  DISCRIMINATION;  and
 (iv)  information concerning employees' rights of redress and all avail-
 able forums for adjudicating complaints.
   b. The department shall include  information  in  such  model  [sexual
 harassment]   DISCRIMINATION   prevention  training  program  addressing
 conduct by supervisors and  any  additional  responsibilities  for  such
 supervisors.
   c. Every employer shall utilize the model [sexual harassment] DISCRIM-
 INATION  prevention  training  program  pursuant  to this subdivision or
 establish a training program for employees to  prevent  [sexual  harass-
 ment]  DISCRIMINATION  that  equals  or  exceeds  the  minimum standards
 provided by such model training. Such [sexual harassment] DISCRIMINATION
 prevention training shall be provided to  all  employees  on  an  annual
 basis.
   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-

 A. 5976--B                          4
 
 ry language of such employee, at the time of hiring and at every  annual
 [sexual harassment] DISCRIMINATION prevention training provided pursuant
 to  subdivision two of this section, a notice containing such employer's
 [sexual harassment] DISCRIMINATION prevention policy and the information
 presented   at   such   employer's  [sexual  harassment]  DISCRIMINATION
 prevention training program.
   b. The commissioner shall  prepare  templates  of  the  model  [sexual
 harassment]  DISCRIMINATION  prevention  policy  created  and  published
 pursuant to subdivision one  of  this  section  and  the  model  [sexual
 harassment] DISCRIMINATION prevention training program produced pursuant
 to subdivision two of this section. 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 determined 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.
   d. An employer shall not be penalized for errors or omissions  in  the
 non-English portions of any notice provided by the commissioner.
   3.  The  commissioner  may  promulgate  regulations as he or she deems
 necessary for the purposes  of  carrying  out  the  provisions  of  this
 section.
   4. Beginning in the year two thousand twenty-two, and every succeeding
 four  years thereafter, the department in consultation with the division
 of human rights shall evaluate, using the criteria within this  section,
 the  impact  of  the  current  model  [sexual harassment] DISCRIMINATION
 prevention guidance  document  and  [sexual  harassment]  DISCRIMINATION
 prevention policy. Upon the completion of each evaluation the department
 shall  update  the  model  [sexual harassment] DISCRIMINATION prevention
 guidance document  and  [sexual  harassment]  DISCRIMINATION  prevention
 policy as needed.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or subpart of this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or  subject  thereof  directly involved in the controversy in which such
 judgment shall have been rendered. It  is  hereby  declared  to  be  the
 intent  of the legislature that this act would have been enacted even if
 such invalid provisions had not been included herein.
   § 6. This act shall take effect immediately; provided however:
   (a) section one of this act shall take effect on the first of  January
 next succeeding the date on which it shall have become a law; and
   (b)  section  four  of  this  act shall take effect on the one hundred
 eightieth day after it shall have become a law.
   (c) 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.

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Assembly Bill A5976B

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

2019-A5976 - Details

2019-A5976 - Summary

2019-A5976 - Bill Text download pdf

co-Sponsors

2019-A5976A - Details

2019-A5976A - Summary

2019-A5976A - Bill Text download pdf

co-Sponsors

2019-A5976B (ACTIVE) - Details

2019-A5976B (ACTIVE) - Summary

2019-A5976B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A5976B

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Sponsored By

WRIGHT

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

Crystal Peoples-Stokes

Charles Barron

Rodneyse Bichotte Hermelyn

Vivian Cook

2019-A5976 - Details

2019-A5976 - Summary

2019-A5976 - Bill Text download pdf

co-Sponsors

Crystal Peoples-Stokes

Charles Barron

Rodneyse Bichotte Hermelyn

Vivian Cook

2019-A5976A - Details

2019-A5976A - Summary

2019-A5976A - Bill Text download pdf

co-Sponsors

Crystal Peoples-Stokes

Charles Barron

Rodneyse Bichotte Hermelyn

Vivian Cook

2019-A5976B (ACTIVE) - Details

2019-A5976B (ACTIVE) - Summary

2019-A5976B (ACTIVE) - Bill Text download pdf

Comments