S T A T E   O F   N E W   Y O R K
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                                   1547
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, DINOWITZ, SIMON -- Multi-Sponsored
   by -- M. of A.   GLICK, GOTTFRIED -- read once  and  referred  to  the
   Committee on Labor
 
 AN  ACT  to amend the labor law, in relation to requiring sexual harass-
   ment training for hotel and motel employees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 202-n to
 read as follows:
   § 202-N. SEXUAL HARASSMENT TRAINING FOR HOTEL AND MOTEL EMPLOYEES.  1.
 ON  OR AFTER THE NINETIETH DAY AFTER THE EFFECTIVE DATE OF THIS SECTION,
 HOTELS AND MOTELS  SHALL  PROVIDE  SEXUAL  HARASSMENT  TRAINING  TO  ITS
 EMPLOYEES  VIA  A  CLASSROOM OR OTHER EFFECTIVE INTERACTIVE TRAINING AND
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING TOPICS:
   (A) INFORMATION AND PRACTICAL GUIDANCE REGARDING  FEDERAL,  STATE  AND
 LOCAL STATUTORY LAWS ABOUT SEXUAL HARASSMENT;
   (B)  INFORMATION  ABOUT  THE  CORRECTION  OF SEXUAL HARASSMENT AND THE
 REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENT;
   (C)  PRACTICAL  EXAMPLES  AIMED  AT  INSTRUCTING  SUPERVISORS  IN  THE
 PREVENTION OF SEXUAL HARASSMENT, DISCRIMINATION, AND RETALIATION.
   2. HOTELS AND MOTELS SHALL HAVE TWO MONTHS FROM THE HIRING DATE OF ANY
 NEW EMPLOYEE TO PROVIDE SEXUAL HARASSMENT TRAINING FOR SUCH EMPLOYEE.
   3.  EMPLOYEES  SHALL  RECEIVE TRAINING EVERY TWO YEARS FOLLOWING THEIR
 INITIAL TRAINING.
   4. ON OR BEFORE APRIL FIRST FOLLOWING THE TRAINING  REQUIRED  PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION, AND EVERY YEAR THEREAFTER, OPERATORS
 OF  SUCH  HOTEL  OR MOTEL SHALL CERTIFY TO THE DEPARTMENT THAT THEY HAVE
 CONDUCTED SEXUAL HARASSMENT TRAINING AND  SHALL  INCLUDE  AN  ELECTRONIC
 LIST  OF THE EMPLOYEES WHO PARTICIPATED IN THE TRAINING.  THE DEPARTMENT
 WILL ISSUE A HOTEL OR MOTEL A CERTIFICATE OF COMPLIANCE  UPON  RECEIVING
 SUCH LIST.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00775-01-1

 A. 1547                             2
 
   5.  IMMEDIATELY  UPON  COMMENCEMENT  OF  EMPLOYMENT AND PRIOR TO THEIR
 SEXUAL HARASSMENT TRAINING, EMPLOYEES SHALL BE  PROVIDED  WITH  A  "KNOW
 YOUR  RIGHTS" BROCHURE DETAILING THE RIGHTS AND REMEDIES AVAILABLE UNDER
 FEDERAL, STATE AND LOCAL LAW. THE BROCHURE  SHALL  BE  PRODUCED  BY  THE
 DEPARTMENT,  IN  PLAIN  ENGLISH,  AND  SHALL  BE MADE AVAILABLE IN OTHER
 LANGUAGES, INCLUDING BUT NOT LIMITED TO SPANISH, HAITIAN FRENCH, CHINESE
 AND RUSSIAN.   EMPLOYEES SHALL SIGN A STATEMENT  ON  A  DOCUMENT  TO  BE
 PRODUCED BY THE DEPARTMENT, CERTIFYING THAT THEY HAVE RECEIVED THE "KNOW
 YOUR RIGHTS" BROCHURE REQUIRED PURSUANT TO THIS SECTION.
   6.  EMPLOYERS SHALL CONSPICUOUSLY POST AN EMPLOYEE'S BILL OF RIGHTS TO
 BE PROMULGATED BY THE DEPARTMENT. THE BILL OF RIGHTS SHALL BE WRITTEN IN
 PLAIN ENGLISH, AND SHALL BE MADE AVAILABLE IN OTHER LANGUAGES, INCLUDING
 BUT NOT LIMITED TO SPANISH, HAITIAN FRENCH, CHINESE AND RUSSIAN.
   7.   THE DEPARTMENT SHALL ESTABLISH  PROTOCOL  FOR  SEXUAL  HARASSMENT
 TRAINING WHICH SHALL BE AVAILABLE ONLINE TO HOTELS AND MOTELS SUBJECT TO
 THE PROVISIONS OF THIS SECTION.
   8. UNDER THE SUPERVISION OF THE DEPARTMENT, ALL EMPLOYERS SHALL CREATE
 AND  IMPLEMENT  A  COMPREHENSIVE  AND  CONFIDENTIAL  INCIDENT  REPORTING
 SYSTEM, AND SHALL PUT CLEAR PROCEDURES IN PLACE TO GUIDE  EMPLOYEES  AND
 MANAGERS IN THE REPORTING OF SEXUAL HARASSMENT INCIDENTS.
   9.  FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL RESULT
 IN A PENALTY OF FIVE HUNDRED DOLLARS FOR THE FIRST  VIOLATION,  AND  FOR
 THE SECOND AND EACH SUBSEQUENT VIOLATION, THE PENALTY SHALL BE ONE THOU-
 SAND DOLLARS.
   10. (A) FAILURE TO PROVIDE THE TRAINING AND EDUCATION REQUIRED BY THIS
 SECTION MAY BE CONSIDERED AS A FACTOR IN DETERMINING WHETHER AN EMPLOYER
 MAY  BE  HELD  LIABLE  FOR  A CLAIM OF SEXUAL HARASSMENT OR HOSTILE WORK
 ENVIRONMENT UNDER APPLICABLE LAW, BUT LIABILITY MAY  NOT  BE  PREDICATED
 SOLELY  UPON  SUCH  FAILURE.  AN EMPLOYER'S COMPLIANCE WITH THIS SECTION
 SHALL NOT  CONSTITUTE  A  DEFENSE  IN  ANY  JUDICIAL  OR  ADMINISTRATIVE
 PROCEEDING  WHERE  A CLAIM OF SEXUAL HARASSMENT OR HOSTILE WORK ENVIRON-
 MENT HAS BEEN BROUGHT.
   (B) EMPLOYERS SHALL BE PROHIBITED FROM RETALIATING AGAINST ANY EMPLOY-
 EE WHO EXERCISES THEIR  RIGHTS  UNDER  THIS  SECTION,  OR  ANY  EMPLOYEE
 REPORTING  A  COMPLAINT  TO MANAGEMENT OR THE AUTHORITIES THAT THEY HAVE
 NOT RECEIVED TRAINING PURSUANT TO THIS SECTION OR A COMPLAINT OF  SEXUAL
 HARASSMENT.
   11. THE TRAINING AND EDUCATION REQUIRED BY THIS SECTION IS INTENDED TO
 ESTABLISH  A MINIMUM THRESHOLD AND SHOULD NOT DISCOURAGE, OR RELIEVE ANY
 EMPLOYER FROM PROVIDING FOR LONGER, MORE  FREQUENT,  OR  MORE  ELABORATE
 TRAINING  AND EDUCATION REGARDING WORKPLACE HARASSMENT OR OTHER FORMS OF
 UNLAWFUL DISCRIMINATION IN ORDER TO MEET ITS  OBLIGATIONS  TO  TAKE  ALL
 REASONABLE  STEPS  NECESSARY  TO  PREVENT  AND  CORRECT  HARASSMENT  AND
 DISCRIMINATION.
   12. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "HOTEL" AND/OR "MOTEL" SHALL MEAN ESTABLISHMENTS DISTINGUISHED AS
 HOTELS, MOTELS, BUNGALOW COLONIES, OR ANY OTHER ESTABLISHMENT COMPARABLE
 OR EQUIVALENT TO ANY OF THOSE PREVIOUSLY MENTIONED. THE TERM  SHALL  NOT
 INCLUDE  THOSE  PLACES  OR  FACILITIES NOT HAVING THE GENERAL CHARACTER-
 ISTICS OF A HOTEL OR MOTEL AS THAT TERM IS GENERALLY UNDERSTOOD AND  THE
 COMMISSIONER  OF HEALTH SHALL HAVE THE POWER TO EXCEPT FROM THIS ARTICLE
 AND THE SANITARY CODE A PLACE OR FACILITY THAT IS NOT WITHIN THE  INTENT
 OF  THIS  DEFINITION  OF  A MOTEL OR HOTEL.   THE TERM SHALL NOT INCLUDE
 SMALL FAMILY OWNED AND OPERATED HOTELS, MOTELS OR BED AND BREAKFASTS.

 A. 1547                             3
 
   (B) "EMPLOYEE" SHALL MEAN ANY PERSON EMPLOYED FOR HIRE INCLUDING  SUB-
 CONTRACTORS WHO WORKS TWENTY HOURS OR MORE PER WEEK.
   §  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 and directed to be made
 and completed on or before such effective date.