S T A T E O F N E W Y O R K
________________________________________________________________________
750
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sens. BIAGGI, GAUGHRAN, GOUNARDES, HOYLMAN, LIU, MAYER,
RIVERA, SALAZAR -- read twice and ordered printed, and when printed to
be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to the
disclosure of certain settlements to the civil rights bureau of the
attorney general's office
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil practice law and rules is amended by adding a new
section 5003-c to read as follows:
§ 5003-C. SETTLEMENTS RELATED TO DISCRIMINATION, SEXUAL HARASSMENT OR
SEXUAL ASSAULT. 1. ALL SETTLEMENTS RELATED TO ALLEGATIONS OF DISCRIMI-
NATION, SEXUAL HARASSMENT OR SEXUAL ASSAULT SHALL BE DISCLOSED TO THE
CIVIL RIGHTS BUREAU OF THE ATTORNEY GENERAL'S OFFICE FOR THE PURPOSES OF
IDENTIFYING EVIDENCE OF PATTERNS OF UNLAWFUL DISCRIMINATION. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
A. "DISCRIMINATION" SHALL MEAN ANY DISCRIMINATORY ACT PROHIBITED UNDER
THE CIVIL RIGHTS LAW, THE HUMAN RIGHTS LAW OR APPLICABLE FEDERAL OR
LOCAL ANTI-DISCRIMINATION LAWS.
B. "SEXUAL HARASSMENT" SHALL MEAN UNWELCOME SEXUAL ADVANCES, REQUESTS
FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT ON THE BASIS OF
AN INDIVIDUAL'S GENDER OR PERCEIVED GENDER WHEN SUBMISSION TO OR
REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICITLY, AFFECTS AN INDIVID-
UAL'S EMPLOYMENT, UNREASONABLY INTERFERES WITH AN INDIVIDUAL'S WORK
PERFORMANCE OR CREATES AN INTIMIDATING, HOSTILE OR OFFENSIVE WORK ENVI-
RONMENT WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO OR DISCHARGE OF THE
INDIVIDUAL.
C. "SEXUAL ASSAULT" SHALL MEAN UNWANTED SEXUAL CONTACT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02845-01-1
S. 750 2
2. THE ATTORNEY GENERAL'S OFFICE SHALL MAINTAIN CONFIDENTIAL RECORDS
OF ALL INFORMATION DISCLOSED UNDER THIS SECTION AND INVESTIGATE ANY
INDIVIDUAL OR INSTITUTION THAT HAS ENTERED INTO THREE OR MORE SETTLE-
MENTS RELATED TO DISCRIMINATION, SEXUAL HARASSMENT OR SEXUAL ASSAULT
CLAIMS.
3. RECORDS SHALL BE SAFEGUARDED FROM COMING TO THE KNOWLEDGE OF AND
FROM INSPECTION OR EXAMINATION BY ANY PERSON OTHER THAN THE ATTORNEY
GENERAL OR OTHER DESIGNATED OFFICIALS IN THE BUREAU FOR THE PERFORMANCE
OF THEIR OFFICIAL DUTIES. AUTHORIZED PERSONS SHALL NOT DIVULGE INFORMA-
TION CONTAINED THEREIN WITHOUT THE WRITTEN CONSENT OF THE ATTORNEY
GENERAL. THE AUTHORIZED DISCLOSURE OF ANY SUCH INFORMATION SHALL NOT
CONTAIN ANY INDIVIDUALLY IDENTIFIABLE INFORMATION FOR A SETTLING PLAIN-
TIFF.
§ 2. This act shall take effect immediately.