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A07167 Summary:

A07167 Actions:

A07167 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7167
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 10, 2019
                                       ___________
 
        Introduced  by M. of A. ROZIC -- read once and referred to the Committee
          on Governmental Operations
 
        AN ACT to amend the executive law, in relation to unlawful discriminato-
          ry practices involving sexual harassment
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.    Section  296  of the executive law is amended by adding
     2  three new subdivisions 1-b, 22 and 23 to read as follows:
     3    1-b. It shall be an unlawful discriminatory practice for  an  employer
     4  to:
     5    (a)  engage  in  unwelcome  sexual advances towards, make requests for
     6  sexual favors from, or engage in other verbal or physical conduct  of  a
     7  sexual or sex-based nature with an employee when: (i) submission to such
     8  conduct  is  made either explicitly or implicitly a term or condition of
     9  an individual's employment; (ii) submission  to  or  rejection  of  such
    10  conduct  by  an individual is used as the basis for employment decisions
    11  affecting such individual; or (iii) such  conduct  has  the  purpose  or
    12  effect  of interfering with an individual's work performance by creating
    13  an intimidating, hostile, or offensive working environment.
    14    (b) For the purposes of this subdivision, "employer" shall include any
    15  individual who may hire, transfer, suspend, lay  off,  recall,  promote,
    16  discharge, assign, reward, or discipline other employees, or has respon-
    17  sibility to direct them or effectively recommend such action, if the use
    18  of  such  authority  is  not  merely  routine or clerical in nature, but
    19  requires the use of independent judgment.
    20    22. In any case brought pursuant to the provisions of this article  on
    21  the  basis of sex or sexual harassment only, where a person alleges that
    22  a covered entity has deprived such person of equal terms and  conditions
    23  of  employment,  liability  for such alleged unlawful discriminatory act
    24  shall attach where the complainant or plaintiff  demonstrates  that  the
    25  conduct  complained of was motivated in whole or in part by the person's
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06473-02-9
        A. 7167                             2
 
     1  sex, regardless of  the  level  of  pervasiveness  or  severity  of  the
     2  discrimination  or  harassment.  A  covered entity may demonstrate as an
     3  affirmative defense to liability pursuant to this subdivision  that  the
     4  discrimination  or harassment complained of consisted of no greater than
     5  what a reasonable victim of discrimination or harassment would  consider
     6  petty slights and trivial annoyances.
     7    23.  In any case brought pursuant to the provisions of this article on
     8  the basis of sex or sexual harassment only, it shall not be defense or a
     9  partial defense that the employee failed to complain about,  or  utilize
    10  any  particular  complaint  procedure  to  complain about, such unlawful
    11  discriminatory act or acts when the person to whom the employee would or
    12  would be required to complain is the person whose conduct is the subject
    13  of the complaint.
    14    § 2. Subdivision 5 of section 292 of the executive law, as amended  by
    15  chapter 363 of the laws of 2015, is amended to read as follows:
    16    5.  The  term "employer" does not include any employer with fewer than
    17  four persons in his or her employ except as set  forth  in  section  two
    18  hundred  ninety-six-b  of  this  article, provided, however, that in the
    19  case of an action for discrimination based on sex pursuant  to  subdivi-
    20  sion  one  of  section  two  hundred  ninety-six  of this article[, with
    21  respect to] or, in the case of sexual  harassment  [only,]  pursuant  to
    22  subdivision one-b of section two hundred ninety-six of this article, the
    23  term "employer" shall include all employers within the state.
    24    §  3.  The division of human rights shall be authorized to promulgate,
    25  amend or repeal rules or regulations on an emergency basis to  implement
    26  the provisions of this act.
    27    § 4. This act shall take effect immediately.