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Assembly Bill A1963

2021-2022 Legislative Session

Relates to unlawful discriminatory practices relating to employers

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Archive: Last Bill Status - In Assembly Committee

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2021-A1963 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §296-e, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A7220

2021-A1963 (ACTIVE) - Summary

Makes it unlawful for an employer to fail to take immediate and appropriate corrective action when he or she knows of a non-employee sexually harassing certain employees.

2021-A1963 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1963
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ,  SEAWRIGHT, GLICK, J. RIVERA, EPSTEIN,
   SIMON, DeSTEFANO, ASHBY, SAYEGH, RAMOS,  QUART,  DINOWITZ,  GOTTFRIED,
   NIOU,  GRIFFIN, DARLING -- Multi-Sponsored by -- M. of A. COOK -- read
   once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to unlawful discriminato-
   ry practices relating to employers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 296-e
 to read as follows:
   § 296-E. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO  EMPLOYERS.  1.
 IT  SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO FAIL
 TO TAKE IMMEDIATE AND APPROPRIATE CORRECTIVE ACTION WHEN  SUCH  EMPLOYER
 KNOWS,  OR  SHOULD HAVE KNOWN, OF INSTANCES OF SEXUAL HARASSMENT BY NON-
 EMPLOYEES TOWARD EMPLOYEES, APPLICANTS, UNPAID INTERNS OR VOLUNTEERS, OR
 PERSONS PROVIDING SERVICES PURSUANT TO A CONTRACT OF SUCH WORKPLACE.
   2. IN REVIEWING SUCH INSTANCES OF SEXUAL HARASSMENT BY  NON-EMPLOYEES,
 THE  EXTENT OF SUCH EMPLOYER'S CONTROL AND ANY POTENTIAL LEGAL RESPONSI-
 BILITY THAT HE OR SHE MAY HAVE WITH RESPECT TO THE CONDUCT OF SUCH  NON-
 EMPLOYEES SHALL BE TAKEN INTO CONSIDERATION.
   3.  AN EMPLOYER SHALL TAKE ALL REASONABLE STEPS TO PREVENT SUCH SEXUAL
 HARASSMENT FROM OCCURRING.
   4. IN ESTABLISHING THAT SUCH SEXUAL HARASSMENT HAS OCCURRED, IT  SHALL
 NOT BE REQUIRED TO PROVE A LOSS OF TANGIBLE JOB BENEFITS.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06163-01-1

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