Senate Bill S3817A

2019-2020 Legislative Session

Relates to increased protections for protected classes and special protections for employees who have been sexually harassed

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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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Bill Amendments

co-Sponsors

2019-S3817 - Details

See Assembly Version of this Bill:
A7083
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §§292, 296, 296-b, 296-d, 297 & 300, Exec L

2019-S3817 - Summary

Relates to increased protections for protected classes, special protections for employees who have been sexually harassed, allowing attorney fees for all protected classes, allowing punitive damages, and eliminates the Faragher/Ellerth defense.

2019-S3817 - Sponsor Memo

2019-S3817 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3817
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the executive law, in relation to increased  protections
   for  protected  classes and special protections for employees who have
   been sexually harassed

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  5  of  section  292 of the executive law, as
 amended by chapter 363 of the laws of 2015, is amended and a new  subdi-
 vision 36 is added to read as follows:
   5.  The  term "employer" does not include any employer with fewer than
 four [persons] EMPLOYEES OR INDEPENDENT CONTRACTORS 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 subdivision one of section two hundred nine-
 ty-six of this article, with respect to [sexual] DISCRIMINATION  harass-
 ment  only,  the  term "employer" shall include all employers within the
 state.
   36. THE TERMS "BECAUSE OF" AND "BECAUSE" IN DISPARATE TREATMENT  CASES
 MEANS THE UNLAWFUL MOTIVE WAS A MOTIVATING FACTOR. NOTHING IN THIS DEFI-
 NITION  IS  INTENDED  TO  PRECLUDE  OR LIMIT USE OF THE DISPARATE IMPACT
 METHOD OF PROVING LIABILITY.
   § 2. Subdivision 1 of section 296 of the executive law is  amended  by
 adding two new paragraphs (h) and (i) to read as follows:
   (H)  FOR  AN  EMPLOYER,  LICENSING AGENCY, EMPLOYMENT AGENCY, OR LABOR
 ORGANIZATION TO SUBJECT  ANY  INDIVIDUAL  TO  DISCRIMINATORY  HARASSMENT
 BECAUSE  OF  THE AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIEN-
 TATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY,
 PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS,  MARITAL  STATUS,
 DOMESTIC VIOLENCE VICTIM STATUS OF SUCH INDIVIDUAL, OR BECAUSE HE OR SHE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-S3817A (ACTIVE) - Details

See Assembly Version of this Bill:
A7083
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §§292, 296, 296-b, 296-d, 297 & 300, Exec L

2019-S3817A (ACTIVE) - Summary

Relates to increased protections for protected classes, special protections for employees who have been sexually harassed, allowing attorney fees for all protected classes, allowing punitive damages, and eliminates the Faragher/Ellerth defense.

2019-S3817A (ACTIVE) - Sponsor Memo

2019-S3817A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3817--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2019
                                ___________
 
 Introduced  by  Sens.  BIAGGI, HOYLMAN, KRUEGER, RIVERA, SALAZAR -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Investigations  and  Government Operations -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the executive law, in relation to increased  protections
   for  protected  classes and special protections for employees who have
   been sexually harassed
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 5 and 6 of section 292 of the executive law,
 subdivision 5 as amended by chapter 363 of the laws of 2015 and subdivi-
 sion 6 as amended by chapter 481 of the laws of 2010, are amended and  a
 new subdivision 37 is added 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, INCLUDING THE STATE AND ALL POLITICAL SUBDI-
 VISIONS THEREOF.
   6. The term "employee" in this article does not include any individual
 employed by his or her parents, spouse or child,  [or  in  the  domestic
 service  of any person] except as set forth in section two hundred nine-
 ty-six-b of this [title] ARTICLE.
   37. THE TERMS "BECAUSE OF" AND "BECAUSE" IN DISPARATE TREATMENT  CASES
 MEANS THE UNLAWFUL MOTIVE WAS A MOTIVATING FACTOR. NOTHING IN THIS DEFI-
 NITION  IS  INTENDED  TO  PRECLUDE  OR LIMIT USE OF THE DISPARATE IMPACT
 METHOD OF PROVING LIABILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09983-03-9
              

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