Makes it unlawful for an employer to fail to take immediate and appropriate corrective action when he or she knows of a non-employee sexually harassing certain employees.
STATE OF NEW YORK
________________________________________________________________________
4513
2019-2020 Regular Sessions
IN SENATE
March 13, 2019
___________
Introduced by Sen. KRUEGER -- 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 unlawful discriminato-
ry practices relating to employers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 296-e
2 to read as follows:
3 § 296-e. Unlawful discriminatory practices relating to employers. 1.
4 It shall be an unlawful discriminatory practice for an employer to fail
5 to take immediate and appropriate corrective action when such employer
6 knows, or should have known, of instances of sexual harassment by non-
7 employees toward employees, applicants, unpaid interns or volunteers, or
8 persons providing services pursuant to a contract of such workplace.
9 2. In reviewing such instances of sexual harassment by non-employees,
10 the extent of such employer's control and any potential legal responsi-
11 bility that he or she may have with respect to the conduct of such non-
12 employees shall be taken into consideration.
13 3. An employer shall take all reasonable steps to prevent such sexual
14 harassment from occurring.
15 4. In establishing that such sexual harassment has occurred, it shall
16 not be required to prove a loss of tangible job benefits.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09773-01-9
