Relates to requiring employers to obtain an acknowledgement of receipt from employees of their sexual harassment prevention policy and sexual harassment prevention training program in writing in English and in employees' primary languages; requires employers to obtain acknowledgements from employees and keep such acknowledgements for six years.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A470
SPONSOR: Rozic TITLE OF BILL:
An act to amend the labor law, in relation to requiring employers to
obtain an acknowledgement of receipt from employees of their sexual
harassment prevention policy and sexual harassment prevention training
program in writing in English and in employees' primary languages
PURPOSE:
Ensures employees are properly notified of their employers' sexual
harassment prevention policy and sexual harassment prevention training
program.
SUMMARY OF PROVISIONS:
Section 1: The labor law is amended by renumbering subdivision 3 of
section 201-g of the labor law and a new subdivision 3 is added estab-
lishing that when an employer provides employees with written notice of
the sexual harassment prevention policy, the employer must obtain writ-
ten acknowledgement of receipt of the notice which must be preserved for
six years. Additionally, employers must notify employees in writing of
any changes to the sexual harassment prevention policy at least seven
calendar days prior to the time of such changes.
Section 2: Sets the effective date.
JUSTIFICATION:
This legislation ensure that employees are properly notified of their
employers' sexual harassment prevention policy. By requiring that
employers maintain acknowledgement of employees' receipt of the policy,
there is more accountability added into the process. At a time when
workplace sexual harassment is permeating all industries, this legis-
lation will help ensure employees receive proper notice of policies and
their rights.
LEGISLATIVE HISTORY:
2020: A7139 (Rozic) - Labor
2019: A7139 (Rozic) - Labor
FISCAL IMPACT TO THE STATE: None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
470
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. ROZIC -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to requiring employers to
obtain an acknowledgement of receipt from employees of their sexual
harassment prevention policy and sexual harassment prevention training
program in writing in English and in employees' primary languages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 201-g of the labor law is renum-
2 bered subdivision 5 and a new subdivision 3 is added to read as follows:
3 3. a. Each time an employer provides his or her employees with written
4 notice of such employer's sexual harassment prevention policy and infor-
5 mation presented at such employer's sexual harassment prevention train-
6 ing program, the employer shall obtain from the employee a signed and
7 dated written acknowledgement, in English and in the primary language of
8 the employee, of receipt of this notice, which the employer shall
9 preserve and maintain for six years. Such acknowledgement shall include
10 an affirmation by the employee that the employee accurately identified
11 his or her primary language to the employer, and that the notice
12 provided by the employer to such employee pursuant to this subdivision
13 was in the language so identified or if such notice is not available
14 from the commissioner in the employee's primary language, was provided
15 to the employee in English, and shall conform to any additional require-
16 ments established by the commissioner with regard to content and form.
17 b. Every employer shall notify his or her employees in writing of any
18 changes to his or her sexual harassment prevention policy or to the
19 information presented in his or her sexual harassment prevention train-
20 ing program, at least seven calendar days prior to the time of such
21 changes.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03357-01-1
A. 470 2
1 § 2. This act shall take effect on the ninetieth day after it shall
2 have become a law. Effective immediately the addition, amendment and/or
3 repeal of any rule or regulation necessary for the implementation of
4 this act on its effective date are authorized to be made and completed
5 on or before such effective date.
