S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8910
 
                           I N  A S S E M B L Y
 
                              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:

   Section 1.  The labor law is amended by adding a  new  section  44  to
 read as follows:
   § 44. PREVENTION OF SEXUAL HARASSMENT. 1. THE DEPARTMENT SHALL PRODUCE
 A  STRONG  MODEL  MANAGEMENT  POLICY  STATEMENT DEFINING AND PROHIBITING
 SEXUAL HARASSMENT IN THE WORKPLACE.  SUCH  MODEL  POLICY  SHALL  INCLUDE
 RECOMMENDATIONS ON HOW EMPLOYERS MAY PROVIDE INFORMATION AND REMEDIES TO
 EMPLOYEES,  INCLUDING BUT NOT LIMITED TO A STATEMENT INFORMING EMPLOYEES
 OF THEIR RIGHTS OF REDRESS, AND THE AVAILABILITY OF COMPLAINT RESOLUTION
 CHANNELS AND ASSISTANCE WITH INCIDENTS OF SEXUAL HARASSMENT. SUCH  MODEL
 POLICY  STATEMENT  SHALL CLEARLY STATE THAT SEXUAL HARASSMENT IS CONSID-
 ERED A FORM OF EMPLOYEE MISCONDUCT AND THAT SANCTIONS WILL  BE  ENFORCED
 AGAINST INDIVIDUALS ENGAGING IN SEXUAL HARASSMENT AND AGAINST SUPERVISO-
 RY AND MANAGERIAL PERSONNEL WHO KNOWINGLY ALLOW SUCH BEHAVIOR TO CONTIN-
 UE.
   2.  THE  DEPARTMENT  SHALL PRODUCE A MODEL TRAINING PROGRAM TO PREVENT
 SEXUAL HARASSMENT IN THE WORKPLACE.
   (A) SUCH MODEL TRAINING PROGRAM SHALL INCLUDE  INFORMATION  CONCERNING
 THE  FEDERAL AND STATE STATUTORY PROVISIONS CONCERNING SEXUAL HARASSMENT
 AND REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENT.
   (B) SUCH DEPARTMENT SHALL  ALSO  INCLUDE  INFORMATION  IN  SUCH  MODEL
 PROGRAM  SPECIFICALLY  ADDRESSING CONDUCT BY SUPERVISORS AS BOTH PARTIC-
 IPANTS IN A  GENERAL  TRAINING  PROGRAM  AND  IN  A  SUPERVISOR-SPECIFIC
 PROGRAM TO PREVENT SEXUAL HARASSMENT IN THE WORKPLACE.
   3. THE DEPARTMENT MAY CONSULT WITH THE DIVISION OF HUMAN RIGHTS IN THE
 PRODUCTION OF INFORMATION SET FORTH UNDER THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14050-03-7
              

 A. 8910                             2
 
   4. THE COMMISSIONER SHALL PROMULGATE REGULATIONS ALLOWING FOR DISTRIB-
 UTION  OF  THE AVAILABILITY OF THE INFORMATION SET FORTH IN THIS SECTION
 TO EMPLOYERS AND THE PUBLIC.
   §  2.  Section  296  of the executive law is amended by adding two new
 subdivisions 1-b and 22 to read as follows:
   1-B. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR  AN  EMPLOYER
 TO:
   (A)  ENGAGE  IN  UNWELCOME  SEXUAL ADVANCES TOWARDS, MAKE REQUESTS FOR
 SEXUAL FAVORS FROM, OR ENGAGE IN OTHER VERBAL OR PHYSICAL CONDUCT  OF  A
 SEXUAL OR SEX-BASED NATURE WITH AN EMPLOYEE WHEN: (I) SUBMISSION TO SUCH
 CONDUCT  IS  MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF
 AN INDIVIDUAL'S EMPLOYMENT; (II) SUBMISSION  TO  OR  REJECTION  OF  SUCH
 CONDUCT  BY  AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS
 AFFECTING SUCH INDIVIDUAL; OR (III) SUCH  CONDUCT  HAS  THE  PURPOSE  OR
 EFFECT  OF INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE BY CREATING
 AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, "EMPLOYER" SHALL INCLUDE ANY
 INDIVIDUAL WHO MAY HIRE, TRANSFER, SUSPEND, LAY  OFF,  RECALL,  PROMOTE,
 DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE OTHER EMPLOYEES, OR HAS RESPON-
 SIBILITY TO DIRECT THEM OR EFFECTIVELY RECOMMEND SUCH ACTION, IF THE USE
 OF  SUCH  AUTHORITY  IS  NOT  MERELY  ROUTINE OR CLERICAL IN NATURE, BUT
 REQUIRES THE USE OF INDEPENDENT JUDGMENT.
   22. IN ANY CASE BROUGHT PURSUANT TO THE PROVISIONS OF THIS ARTICLE  ON
 THE  BASIS OF SEX OR SEXUAL HARASSMENT ONLY, WHERE A PERSON ALLEGES THAT
 A COVERED ENTITY HAS DEPRIVED SUCH PERSON OF EQUAL TERMS AND  CONDITIONS
 OF  EMPLOYMENT,  LIABILITY  FOR SUCH ALLEGED UNLAWFUL DISCRIMINATORY ACT
 SHALL ATTACH WHERE THE COMPLAINANT OR PLAINTIFF  DEMONSTRATES  THAT  THE
 CONDUCT  COMPLAINED OF WAS MOTIVATED IN WHOLE OR IN PART BY THE PERSON'S
 SEX, REGARDLESS OF  THE  LEVEL  OF  PERVASIVENESS  OR  SEVERITY  OF  THE
 DISCRIMINATION  OR  HARASSMENT.  A  COVERED ENTITY MAY DEMONSTRATE AS AN
 AFFIRMATIVE DEFENSE TO LIABILITY PURSUANT TO THIS SUBDIVISION  THAT  THE
 DISCRIMINATION  OR HARASSMENT COMPLAINED OF CONSISTED OF NO GREATER THAN
 WHAT A REASONABLE VICTIM OF DISCRIMINATION OR HARASSMENT WOULD  CONSIDER
 PETTY SLIGHTS AND TRIVIAL ANNOYANCES.
   §  3. Subdivision 5 of section 292 of the executive law, as amended by
 chapter 363 of the laws of 2015, is amended to read as follows:
   5. The term "employer" does not include any employer with  fewer  than
 four  persons  in  his  or her employ except as set forth in section two
 hundred ninety-six-b of this article, provided,  however,  that  in  the
 case  of  an action for discrimination based on sex pursuant to subdivi-
 sion one of section  two  hundred  ninety-six  of  this  article[,  with
 respect  to]  OR,  IN  THE CASE OF sexual harassment [only,] PURSUANT TO
 SUBDIVISION ONE-B OF SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE, the
 term "employer" shall include all employers within the state.
   § 4. The executive law is amended by adding a new section 96-b to read
 as follows:
   § 96-B. NOTIFICATION OF LAWS ON SEXUAL HARASSMENT IN THE WORKPLACE. 1.
 FOR ANY ENTITY FILING AND PAYING FILING FEES UNDER SUBDIVISION  NINE  OF
 SECTION  NINETY-SIX  OF THIS ARTICLE, THE DEPARTMENT SHALL RESPOND TO AN
 AUTHORIZED INDIVIDUAL ON BEHALF OF THE ENTITY WITH NOTICE OF  STATE  LAW
 ON SEXUAL HARASSMENT IN THE WORKPLACE.
   2. NOTICE PROVIDED TO FILING ENTITIES SHALL INCLUDE INFORMATION PURSU-
 ANT  TO  SECTION  FORTY-FOUR  OF  THE LABOR LAW AND SUBDIVISION ONE-B OF
 SECTION TWO HUNDRED NINETY-SIX OF THIS CHAPTER. THE SECRETARY  OF  STATE
 SHALL  PROMULGATE  REGULATIONS  TO  ADHERE TO THIS SECTION INCLUDING THE
 NATURE OF THE REQUIRED NOTICE, THE TIMING  THAT  SUCH  NOTICE  SHALL  BE

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 DELIVERED  TO AN AUTHORIZED INDIVIDUAL ON BEHALF OF A FILING ENTITY, AND
 ANY ADDITIONAL INFORMATION TO BE INCLUDED IN SUCH NOTICE.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.