BILL NUMBER: S4430                   Revised 3/29/23

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the executive law, in relation to unlawful discriminato-
ry practices based upon delays in reporting workplace sexual harassment,
and in relation to extending the statute of limitations in cases before
the state division of human rights of sexual harassment in the work-
place; and to amend the civil practice law and rules, in relation to
extending the statute of limitations in cases of sexual harassment in
the workplace

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit an employer from implementing its own statute of limitations
on the victim's ability to report a sexual harassment claim, thereby
requiring the employer to address and resolve said claim at any time
that the claim is submitted.

 
SUMMARY OF PROVISIONS:

              

Section one of the bill states that this act shall be known and may be
cited as the "no right time" act.

Section two of the bill adds paragraph (i) to subdivision 1 of § 296 of
the executive law declaring it an unlawful discriminatory practice for
an employer, labor organization, or employment agency to restrict the
timeframe in which an employee may bring a sexual harassment claim
unless the restriction is in accordance with that statute of limitations
in state law or to discharge, expel, or otherwise discriminate against
any person should they delay in reporting or filing a sexual harassment
complaint in the workplace. This paragraph also defines "sexual harass-
ment" as an unlawful discriminatory practice on the basis of sex that is
based on unwelcome sexual advances, request for sexual favors, and other
verbal or physical conduct of a sexual nature.

Section three of the bill amends subdivision 5 of § 297 of the executive
law to state that in cases of sexual harassment, any complaint filed
with the state division of human rights must occur either three years
after a person files a complaint with their employer or if the individ-
ual has not filed a complaint, three years after no longer being
employed by that employer, whichever is later.

Section four of the bill adds § 213-e to the civil practice law and
rules to provide that a civil claim or cause of action alleging sexual
harassment in the workplace may be brought by an individual to recover
damages from their employer either three years after a person files a
complaint with their employer or if the individual has not filed a
complaint, three years after no longer being employed by that employer,
whichever is later.

Section five of the bill provides the effective date.

 
JUSTIFICATION:

In many instances, victims of sexual harassment fail to report the inci-
dent when it occurs. This happens for a variety of reasons including
fears of retribution, not feeling comfortable discussing the incident,
and at times the hurdles involved in reporting the incident. Some organ-
izations have established a policy wherein a report of sexual harassment
must be made within a given timeframe.  For example, the US Congress
requires sexual harassment victims to bring a claim to the US Congress
Office of Compliance within 180 days of the incident occurring.

Sexual harassment in the workplace has been and continues to be a prob-
lem of significant magnitude. A 2016 study conducted by the U.S.  Equal
Employment Opportunity Commission found that approximately 25% of women
reported experiencing sexual harassment in the workplace. In the same
study, approximately 40% of women experienced one or more specific sexu-
ally-based behaviors, such as unwanted sexual attention or sexual coer-
cion. This is consistent with other studies which have found that
approximately one in four women experience sexual harassment in the
workplace and surveys conducted in 1980, 1987, and 1994 by the Merit
Systems Protection Board of federal employees which routinely found
40%-45% of women responding they had experienced unwanted sexual atten-
tion or sexual coercion.

The victim of sexual harassment should not face a time limit within
which they must report a sexual harassment claim. Therefore, it is alto-
gether appropriate that New York State should forbid an employer from
implementing a policy which would require the victim of sexual harass-
ment to report the incident within a given period of time.

 
PRIOR LEGISLATIVE HISTORY:

2020-2021: S4618

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.