|SAME AS||SAME AS S07193|
|COSPNSR||De La Rosa, Simon|
|Add §44, Lab L; amd §§296 & 292, add §96-b, Exec L|
|Relates to establishing sexual harassment prevention training protocols within the private sector including a model management policy and training program and how to properly disseminate information to employers and employees.|
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STATE OF NEW YORK ________________________________________________________________________ 8910 IN ASSEMBLY January 8, 2018 ___________ Introduced by M. of A. ROZIC, DE LA ROSA -- read once and referred to the Committee on Labor AN ACT to amend the labor law and the executive law, in relation to establishing sexual harassment prevention protocols within the private sector The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new section 44 to 2 read as follows: 3 § 44. Prevention of sexual harassment. 1. The department shall produce 4 a strong model management policy statement defining and prohibiting 5 sexual harassment in the workplace. Such model policy shall include 6 recommendations on how employers may provide information and remedies to 7 employees, including but not limited to a statement informing employees 8 of their rights of redress, and the availability of complaint resolution 9 channels and assistance with incidents of sexual harassment. Such model 10 policy statement shall clearly state that sexual harassment is consid- 11 ered a form of employee misconduct and that sanctions will be enforced 12 against individuals engaging in sexual harassment and against superviso- 13 ry and managerial personnel who knowingly allow such behavior to contin- 14 ue. 15 2. The department shall produce a model training program to prevent 16 sexual harassment in the workplace. 17 (a) Such model training program shall include information concerning 18 the federal and state statutory provisions concerning sexual harassment 19 and remedies available to victims of sexual harassment. 20 (b) Such department shall also include information in such model 21 program specifically addressing conduct by supervisors as both partic- 22 ipants in a general training program and in a supervisor-specific 23 program to prevent sexual harassment in the workplace. 24 3. The department may consult with the division of human rights in the 25 production of information set forth under this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14050-03-7A. 8910 2 1 4. The commissioner shall promulgate regulations allowing for distrib- 2 ution of the availability of the information set forth in this section 3 to employers and the public. 4 § 2. Section 296 of the executive law is amended by adding two new 5 subdivisions 1-b and 22 to read as follows: 6 1-b. It shall be an unlawful discriminatory practice for an employer 7 to: 8 (a) engage in unwelcome sexual advances towards, make requests for 9 sexual favors from, or engage in other verbal or physical conduct of a 10 sexual or sex-based nature with an employee when: (i) submission to such 11 conduct is made either explicitly or implicitly a term or condition of 12 an individual's employment; (ii) submission to or rejection of such 13 conduct by an individual is used as the basis for employment decisions 14 affecting such individual; or (iii) such conduct has the purpose or 15 effect of interfering with an individual's work performance by creating 16 an intimidating, hostile, or offensive working environment. 17 (b) For the purposes of this subdivision, "employer" shall include any 18 individual who may hire, transfer, suspend, lay off, recall, promote, 19 discharge, assign, reward, or discipline other employees, or has respon- 20 sibility to direct them or effectively recommend such action, if the use 21 of such authority is not merely routine or clerical in nature, but 22 requires the use of independent judgment. 23 22. In any case brought pursuant to the provisions of this article on 24 the basis of sex or sexual harassment only, where a person alleges that 25 a covered entity has deprived such person of equal terms and conditions 26 of employment, liability for such alleged unlawful discriminatory act 27 shall attach where the complainant or plaintiff demonstrates that the 28 conduct complained of was motivated in whole or in part by the person's 29 sex, regardless of the level of pervasiveness or severity of the 30 discrimination or harassment. A covered entity may demonstrate as an 31 affirmative defense to liability pursuant to this subdivision that the 32 discrimination or harassment complained of consisted of no greater than 33 what a reasonable victim of discrimination or harassment would consider 34 petty slights and trivial annoyances. 35 § 3. Subdivision 5 of section 292 of the executive law, as amended by 36 chapter 363 of the laws of 2015, is amended to read as follows: 37 5. The term "employer" does not include any employer with fewer than 38 four persons in his or her employ except as set forth in section two 39 hundred ninety-six-b of this article, provided, however, that in the 40 case of an action for discrimination based on sex pursuant to subdivi- 41 sion one of section two hundred ninety-six of this article[ , with42 respect to] or, in the case of sexual harassment [ only,] pursuant to 43 subdivision one-b of section two hundred ninety-six of this article, the 44 term "employer" shall include all employers within the state. 45 § 4. The executive law is amended by adding a new section 96-b to read 46 as follows: 47 § 96-b. Notification of laws on sexual harassment in the workplace. 1. 48 For any entity filing and paying filing fees under subdivision nine of 49 section ninety-six of this article, the department shall respond to an 50 authorized individual on behalf of the entity with notice of state law 51 on sexual harassment in the workplace. 52 2. Notice provided to filing entities shall include information pursu- 53 ant to section forty-four of the labor law and subdivision one-b of 54 section two hundred ninety-six of this chapter. The secretary of state 55 shall promulgate regulations to adhere to this section including the 56 nature of the required notice, the timing that such notice shall beA. 8910 3 1 delivered to an authorized individual on behalf of a filing entity, and 2 any additional information to be included in such notice. 3 § 5. This act shall take effect on the one hundred eightieth day after 4 it shall have become a law.