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 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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2019-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

2019-S3377 (ACTIVE) - Summary

Prohibits sexual harassment by employers.

2019-S3377 (ACTIVE) - Sponsor Memo

2019-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.
              

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