Requires the division of human rights to develop and implement a uniform sexual harassment policy for all state agencies, offices and departments, the executive department, and every member, officer or employee of the legislature; provides that such policy shall define the conduct which is prohibited, establish a process for the resolution of complaints of such conduct, and provide for appropriate training for all employees of state agencies, offices and departments, including the executive department, and officials, members or employees of the legislature.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8861
SPONSOR: Galef (MS) TITLE OF BILL:
An act to amend the executive law and the legislative law, in relation
to requiring the division of human rights to develop and implement a
uniform sexual harassment policy for all state agencies, offices and
departments, the executive department, and the legislature
PURPOSE:
This bill will provide the state employees and state elected officials
with a uniform sexual harassment policy
SUMMARY OF PROVISIONS:
Section 1 amends the Human Rights Law tasking the Division of Human
Rights with developing and implementing a uniform sexual harassment
policy for all state departments, agencies, Legislature and Executive
Office. Such policy will include standard reporting, investigation and
determination requirements, and shall be available to the public. It
would also deem nondisclosure agreements in the cases of claim settle-
ments void and unenforceable.
Section 2 amends the legislative law to require that every member, offi-
cer and employee of the Legislature will be subject to the sexual
harassment policy stated in Section 1.
Section 3 sets the effective date.
JUSTIFICATION:
Workplace harassment is illegal in New York and is a violation of the
state Human Rights Law and Title VII of the Civil Rights Act of 1964
which forbids discrimination and harassment based on a person's sex.
New York guarantees that every employee is entitled to a working envi-
ronment free from sexual harassment. However, the recent flood of sexual
harassment accusations against members of all echelons of the political
world, entertainment and media, underscore the urgent need for more
effective policies to deter and handle these abuses. Both houses of the
Legislature and the Executive Branch, which include the state agencies,
have workplace rules to address sexual harassment complaints. However,
different systems are in place for each institution and no clear stand-
ards exist for all government workers and elected officials. And while
sexual harassment is universally understood to be unwelcome sexual
contact, the definitions of which acts are specifically listed as such
in the policies differ from one place to the next.
A comparison of the Assembly and Senate sexual harassment policies show
marked differences in how both manage employee grievances, including
investigation procedures and time frames for the entire process once a
complaint is formally filed. The same could be said between different
state agencies where the policy overseeing sexual harassment claims
concerning employees in one agency or department could have great
dissimilarities from another.
As more people are empowered to come forward to report their harassers,
so, too, grows the challenge to perform thorough investigations that
offer timely justice.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
8861
2017-2018 Regular Sessions
IN ASSEMBLY
December 22, 2017
___________
Introduced by M. of A. GALEF, McDONALD -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law and the legislative law, in relation
to requiring the division of human rights to develop and implement a
uniform sexual harassment policy for all state agencies, offices and
departments, the executive department, and the legislature
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 295 of the executive law is amended by adding a new
2 subdivision 17 to read as follows:
3 17. To develop and implement a uniform sexual harassment policy for
4 all employees of state agencies, offices, departments, including the
5 executive department, and officials, members and employees of the legis-
6 lature. Such policy shall define the conduct which is prohibited, estab-
7 lish a process for the resolution of complaints of such conduct, and
8 provide for appropriate training for all employees of state agencies,
9 offices, departments, including the executive department, and officials,
10 members and employees of the legislature. Copies of the sexual harass-
11 ment policy promulgated pursuant to this subdivision shall be distrib-
12 uted to all employees of state agencies, offices, departments, including
13 the executive department, and officials, members and employees of the
14 legislature and shall be available to the public. Such policy shall
15 include, but not be limited to: a standard reporting requirement,
16 requiring an investigation which takes no more than ninety days from the
17 commencement of the complaint and a determination by the division no
18 more than thirty days after the completion of such investigation; and
19 providing that any confidentiality agreement in or in connection with,
20 or collateral to, a settlement agreement involving a claim of sexual
21 harassment or sexual misconduct is against public policy and is void and
22 unenforceable.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13876-02-7
A. 8861 2
1 § 2. The legislative law is amended by adding a new section 33-a to
2 read as follows:
3 § 33-a. Sexual harassment policy. Every member, officer and employee
4 of the legislature shall be subject to the uniform sexual harassment
5 policy developed and implemented by the division of human rights pursu-
6 ant to subdivision seventeen of section two hundred ninety-five of the
7 executive law.
8 § 3. This act shall take effect immediately. Effective immediately,
9 the addition, amendment and/or repeal of any rule or regulation neces-
10 sary for the implementation of this act on its effective date are
11 authorized to be made and completed on or before such effective date.
