senate Bill S3377

2019-2020 Legislative Session

Relates to prohibiting sexual harassment

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to investigations and government operations
Feb 06, 2019 referred to investigations and government operations

Co-Sponsors

view additional co-sponsors

S3377 (ACTIVE) - Details

See Assembly Version of this Bill:
A7167
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §§296 & 292, Exec L

S3377 (ACTIVE) - Summary

Prohibits sexual harassment by employers.

S3377 (ACTIVE) - Sponsor Memo

S3377 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3377

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 6, 2019
                               ___________

Introduced by Sens. GOUNARDES, KRUEGER, BIAGGI -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations and Government Operations

AN ACT to amend the executive law, in relation to unlawful discriminato-
  ry practices involving sexual harassment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 296 of the executive  law  is  amended  by  adding
three new subdivisions 1-b, 22 and 23 to read as follows:
  1-B.  IT  SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER
TO:
  (A) ENGAGE IN UNWELCOME SEXUAL ADVANCES  TOWARDS,  MAKE  REQUESTS  FOR
SEXUAL  FAVORS  FROM, OR ENGAGE IN OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL OR SEX-BASED NATURE WITH AN EMPLOYEE WHEN: (I) SUBMISSION TO SUCH
CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR  CONDITION  OF
AN  INDIVIDUAL'S  EMPLOYMENT;  (II)  SUBMISSION  TO OR REJECTION OF SUCH
CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR  EMPLOYMENT  DECISIONS
AFFECTING  SUCH  INDIVIDUAL;  OR  (III)  SUCH CONDUCT HAS THE PURPOSE OR
EFFECT OF INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE BY  CREATING
AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION, "EMPLOYER" SHALL INCLUDE ANY
INDIVIDUAL  WHO  MAY  HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE,
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE OTHER EMPLOYEES, OR HAS RESPON-
SIBILITY TO DIRECT THEM OR EFFECTIVELY RECOMMEND SUCH ACTION, IF THE USE
OF SUCH AUTHORITY IS NOT MERELY  ROUTINE  OR  CLERICAL  IN  NATURE,  BUT
REQUIRES THE USE OF INDEPENDENT JUDGMENT.
  22.  IN ANY CASE BROUGHT PURSUANT TO THE PROVISIONS OF THIS ARTICLE ON
THE BASIS OF SEX OR SEXUAL HARASSMENT ONLY, WHERE A PERSON ALLEGES  THAT
A  COVERED ENTITY HAS DEPRIVED SUCH PERSON OF EQUAL TERMS AND CONDITIONS
OF EMPLOYMENT, LIABILITY FOR SUCH ALLEGED  UNLAWFUL  DISCRIMINATORY  ACT
SHALL  ATTACH  WHERE  THE COMPLAINANT OR PLAINTIFF DEMONSTRATES THAT THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.