NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5360
SPONSOR: Galef TITLE OF BILL:
An act to amend the executive law, in relation to unlawful discriminato-
ry practices
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to break down barriers that perpet-
uate discrimination and inequality based on gender.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivision 5 of section 292 of the Executive Law is amended
to read as follows: 5. The term "employer" does not include any employer
with fewer than four persons in his or her employ except as set forth in
section 296-b of this article, provided, however, that in the case of an
action for discrimination based on sex pursuant to subdivision one of
section 296 of this article, with respect to sexual harassment only, the
term "employer" shall include all employers within the state.
Section 2. Severability clause. If any clause, sentence, paragraph,
subdivision, section or part of this act shall be adjudged by a court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if such invalid
provisions had not been included herein.
Section 3. Establishes the effective date.
JUSTIFICATION:
New York State has a proud history and tradition of leading the nation
in progressive ideas and reforms, especially in respect to women's
rights. In 1848, the Women's Suffrage Movement was born at the first
Women's Rights Convention in Seneca Falls, New York. From that moment in
time, and continuing through today, this State has been the home of
female leaders and visionaries, from Elizabeth Cady Stanton who initi-
ated the first organized women's rights and women's suffrage movements,
to Audre Lorde, a leading African-American poet and essayist who gave
voice to role models for not only their generation, but for all future
generations.
As stated in the memorandum of our companion legislation, "Sexual
harassment disproportionately affects women in the workplace. In 2011,
women filed 75% of all sexual harassment complaints filed at the New
York State Division of Human Rights, and 83% of all sexual harassment
complaints filed at the Equal Employment Opportunity Commission. Howev-
er, those persons working for employers with fewer than 4 employees
cannot file a complaint with the State, because small employers are
currently exempt from the provisions of State Law that prohibit harass-
ment and more than 60% of the State's private employers have fewer than
4 employees. This bill would amend the law to protect workers from sexu-
al harassment regardless of the size of the workplace. Under the amended
law, an employee of any business; large or small may file a complaint
for sexual harassment."
Over the years, New York has fallen behind in its role as a progressive
leader on women's rights. Statistics clearly show that women in New York
State are not treated equally to men. This legislation will reverse that
trend.
PRIOR LEGISLATIVE HISTORY:
S. 5873 of 2013/2014
FISCAL IMPLICATIONS:
There are no fiscal implications associated with its passage.
EFFECTIVE DATE:
This act takes effect on the 90th day after it becomes law.
