NY State Senate Bill S3395A

Archive: Last Bill Status Via A2483 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (21)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 16, 2022	signed chap.139
Mar 15, 2022	delivered to governor
Mar 01, 2022	returned to assembly passed senate 3rd reading cal.386 substituted for s3395a
Mar 01, 2022	substituted by a2483b
Feb 03, 2022	advanced to third reading
Feb 02, 2022	2nd report cal.
Feb 01, 2022	1st report cal.386
Jan 05, 2022	referred to investigations and government operations returned to senate died in assembly
May 25, 2021	referred to governmental operations delivered to assembly passed senate
Mar 03, 2021	advanced to third reading
Mar 02, 2021	2nd report cal.
Mar 01, 2021	amended 3395a
Mar 01, 2021	1st report cal.470
Jan 29, 2021	referred to investigations and government operations

Votes

view votes

Mar 1, 2022 - floor Vote

A2483B

floor

Aye

Nay

Absent

Excused

Abstained

Feb 1, 2022 - Investigations and Government Operations committee Vote

S3395A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 25, 2021 - floor Vote

S3395A

floor

Aye

Nay

Absent

Excused

Abstained

Mar 1, 2021 - Investigations and Government Operations committee Vote

S3395

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S3395 - Details

See Assembly Version of this Bill:: A2483
Law Section:: Executive Law
Laws Affected:: Amd §292, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S6828, A8847

S3395 - Summary

Includes the state and all public employers as employers subject to the provisions of the human rights law; includes executive, legislative and judicial employers.

S3395 - Sponsor Memo

 
BILL NUMBER: S3395

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the executive law, in relation to the definition of
"employer" for purposes of the human rights law

 
PURPOSE OR GENERAL IDEA OF BILL:

To close the "personal staff' loophole by clarifying that the state or a
locality is considered an employer of anyone serving in the state or
local executive, judiciary, and legislative branches, including the
staff of elected officials or judges and elected officials themselves.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 292 of the Executive Law, as amended by Ch.
161 of the laws of 2019, to provide that the state shall be considered
the direct employer of elected and appointed officials and their staff
for the purposes of the Human Rights Law and extends this provision to

localities as well.

Section 2 sets the effective date.

 
JUSTIFICATION:

Chapter 161 of 2019 instituted sweeping changes to workplace harassment
laws in New York State. The legislature took comprehensive action to
close loopholes that allowed employers to escape liability for the
behavior of their employers, eliminating parts of the Faragher/Ellerth
defense and requiring that employers provide all employees with a notice
of their office's sexual harassment prevention policy. There is, howev-
er, another loophole left to close.

Though some readers would plainly interpret subdivision 5 of the Human
Rights Law, which details that the term "employer" includes all employ-
ers within the state, as inclusive of the state itself, it has not been
so construed by the courts. In at least three high-profile cases to
date, judges have agreed with arguments of attorneys general that the
state is not the direct employer of either the staff of elected offi-
cials in the Senate and Assembly or of court attorneys who are working
for state judges. They have, instead, deferred to Title VII of the Civil
Rights Act, which excludes elected officials and their "personal staff'
from protections against harassment. This provision has even been
construed to include the personal staff of appointed officials such as
judges. Most recently, localities have used the argument that elected
officials themselves are not employed by such locality, being chosen
democratically by the people - and so the locality cannot be held liable
under the law for the harassing actions such officials direct towards
their staff.

It is therefore necessary to once and for all clarify that the state and
localities shall not be able to avoid responsibility for harassment of
public employees by citing a loophole in federal law.  This legislation
will rectify this injustice by ensuring that 2019's sweeping anti-har-
assment regulations protect both public and private employees.

 
PRIOR LEGISLATIVE HISTORY:
2020: S6828 - Passed Senate, died in Assembly
2019: S6828 - Referred to Rules

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect as of the effective date of Chapter 161 of
2019.

S3395 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3395
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by Sens. GOUNARDES, BIAGGI, GAUGHRAN, HOYLMAN, KRUEGER, LIU,
   MAYER, RIVERA, SKOUFIS -- 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 the definition of
   "employer" for purposes of the human rights law

   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 161 of the laws  of  2019,  is  amended  to  read  as
 follows:
   5.  The  term "employer" shall include all employers within the state.
 FOR THE PURPOSES OF THIS ARTICLE, (A) THE STATE OF  NEW  YORK  SHALL  BE
 CONSIDERED  AN  EMPLOYER  OF  ANY  EMPLOYEE  OR  OFFICIAL, INCLUDING ANY
 ELECTED OFFICIAL, OF THE NEW YORK STATE EXECUTIVE, LEGISLATURE, OR JUDI-
 CIARY, INCLUDING PERSONS SERVING IN ANY JUDICIAL CAPACITY,  AND  PERSONS
 SERVING ON THE STAFF OF ANY ELECTED  OFFICIAL IN NEW YORK STATE,
   (B)  A  CITY,  COUNTY, TOWN, VILLAGE OR OTHER POLITICAL SUBDIVISION OF
 THE STATE OF NEW YORK SHALL BE CONSIDERED THE EMPLOYER OF  ANY  EMPLOYEE
 OR  OFFICIAL,  INCLUDING ANY ELECTED OFFICIAL, OF SUCH LOCALITY'S EXECU-
 TIVE, LEGISLATURE OR  JUDICIARY, INCLUDING PERSONS SERVING IN ANY  LOCAL
 JUDICIAL  CAPACITY,  AND    PERSONS  SERVING  ON  THE STAFF OF ANY LOCAL
 ELECTED OFFICIAL.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have  been  in  full force and effect on and after the effective date of
 chapter 161 of the laws of 2019.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04931-02-1

Co-Sponsors

view additional co-sponsors

S3395A (ACTIVE) - Details

See Assembly Version of this Bill:: A2483
Law Section:: Executive Law
Laws Affected:: Amd §292, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S6828, A8847

S3395A (ACTIVE) - Summary

Includes the state and all public employers as employers subject to the provisions of the human rights law; includes executive, legislative and judicial employers.

S3395A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3395A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the executive law, in relation to the definition of
"employer" for purposes of the human rights law

 
PURPOSE OR GENERAL IDEA OF BILL:

To close the "personal staff' loophole by clarifying that the state or a
locality is considered an employer of anyone serving in the state or
local executive, judiciary, and legislative branches, including the
staff of elected officials or judges and elected officials themselves.

 
SUMMARY OF PROVISIONS:

  Section  1  amends section 292 of the Executive Law, as amended by Ch.
161 of the laws of 2019, to provide that the state shall  be  considered
the  direct  employer of elected and appointed officials and their staff
for the purposes of the Human Rights Law and extends this  provision  to

localities as well.

  Section 2 sets the effective date.

 
JUSTIFICATION:

Chapter  161 of 2019 instituted sweeping changes to workplace harassment
laws in New York State. The legislature  took  comprehensive  action  to
close  loopholes  that  allowed  employers  to  escape liability for the
behavior of their employers, eliminating parts of  the  Faragher/Ellerth
defense and requiring that employers provide all employees with a notice
of  their office's sexual harassment prevention policy. There is, howev-
er, another loophole left to close.

Though some readers would plainly interpret subdivision 5 of  the  Human
Rights  Law, which details that the term "employer" includes all employ-
ers within the state, as inclusive of the state itself, it has not  been
so  construed  by  the  courts.  In at least three high-profile cases to
date, judges have agreed with arguments of attorneys  general  that  the
state  is  not  the direct employer of either the staff of elected offi-
cials in the Senate and Assembly or of court attorneys who  are  working
for state judges. They have, instead, deferred to Title VII of the Civil
Rights  Act, which excludes elected officials and their "personal staff'
from protections  against  harassment.  This  provision  has  even  been
construed  to  include the personal staff of appointed officials such as
judges. Most recently, localities have used the  argument  that  elected
officials  themselves  are  not  employed by such locality, being chosen
democratically by the people - and so the locality cannot be held liable
under the law for the harassing actions such  officials  direct  towards
their staff.  It is therefore necessary to once and for all clarify that
the  state  and localities shall not be able to avoid responsibility for
harassment of public employees by citing a loophole in federal law.

This legislation will rectify this injustice  by  ensuring  that  2019's
sweeping  anti-harassment  regulations  protect  both public and private
employees.

 
PRIOR LEGISLATIVE HISTORY:
2020: S6828 - Passed Senate, died in Assembly
2019: S6828 - Referred to Rules

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This  act shall take effect immediately and shall be deemed to have been
in full force and effect as of the effective  date  of  Chapter  161  of
2019.

S3395A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3395--A
     Cal. No. 470
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced by Sens. GOUNARDES, BIAGGI, COMRIE, GAUGHRAN, HOYLMAN, KRUEG-
   ER,  LIU,  MAYER, RIVERA, SEPULVEDA, SKOUFIS -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government Operations  --  reported  favorably  from  said
   committee,  ordered  to first report, amended on first report, ordered
   to a second report and ordered reprinted, retaining its place  in  the
   order of second report
 
 AN  ACT  to  amend  the  executive law, in relation to the definition of
   "employer" for purposes of the human rights law
 
   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 161 of the laws  of  2019,  is  amended  to  read  as
 follows:
   5.  The  term "employer" shall include all employers within the state.
 FOR THE PURPOSES OF THIS ARTICLE, (A) THE STATE OF  NEW  YORK  SHALL  BE
 CONSIDERED  AN  EMPLOYER  OF  ANY  EMPLOYEE  OR  OFFICIAL, INCLUDING ANY
 ELECTED OFFICIAL, OF THE NEW YORK STATE EXECUTIVE, LEGISLATURE, OR JUDI-
 CIARY, INCLUDING PERSONS SERVING IN ANY JUDICIAL CAPACITY,  AND  PERSONS
 SERVING ON THE STAFF OF ANY ELECTED  OFFICIAL IN NEW YORK STATE,
   (B)  A  CITY,  COUNTY, TOWN, VILLAGE OR OTHER POLITICAL SUBDIVISION OF
 THE STATE OF NEW YORK SHALL BE CONSIDERED AN EMPLOYER OF ANY EMPLOYEE OR
 OFFICIAL, INCLUDING ANY ELECTED OFFICIAL, OF SUCH LOCALITY'S  EXECUTIVE,
 LEGISLATURE  OR  JUDICIARY, INCLUDING PERSONS SERVING IN ANY LOCAL JUDI-
 CIAL CAPACITY, AND  PERSONS SERVING ON THE STAFF OF  ANY  LOCAL  ELECTED
 OFFICIAL.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after the  effective  date  of
 chapter 161 of the laws of 2019.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04931-04-1

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The New York State Senate

senate Bill S3395A

Sponsored By

Archive: Last Bill Status Via A2483 - Signed by Governor

Your Voice

Actions

Votes

Mar 1, 2022 - floor Vote

Floor Vote: Mar 1, 2022

Feb 1, 2022 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Feb 1, 2022

May 25, 2021 - floor Vote

Floor Vote: May 25, 2021

Mar 1, 2021 - Investigations and Government Operations committee Vote

Committee Vote: Mar 1, 2021

Bill Amendments

Co-Sponsors

S3395 - Details

S3395 - Summary

S3395 - Sponsor Memo

S3395 - Bill Text download pdf

Co-Sponsors

S3395A (ACTIVE) - Details

S3395A (ACTIVE) - Summary

S3395A (ACTIVE) - Sponsor Memo

S3395A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3395A

Share this bill

Sponsored By

Archive: Last Bill Status Via A2483 - Signed by Governor

Your Voice

Actions

Votes

Mar 1, 2022 - floor Vote

Floor Vote: Mar 1, 2022

Feb 1, 2022 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Feb 1, 2022

May 25, 2021 - floor Vote

Floor Vote: May 25, 2021

Mar 1, 2021 - Investigations and Government Operations committee Vote

Committee Vote: Mar 1, 2021

Bill Amendments

Co-Sponsors

S3395 - Details

S3395 - Summary

S3395 - Sponsor Memo

S3395 - Bill Text download pdf

Co-Sponsors

S3395A (ACTIVE) - Details

S3395A (ACTIVE) - Summary

S3395A (ACTIVE) - Sponsor Memo

S3395A (ACTIVE) - Bill Text download pdf

Comments