NY State Senate Bill 2017-S7193

Senate Bill S7193

2017-2018 Legislative Session

Relates to establishing sexual harassment prevention training protocols within the private sector

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to labor

co-Sponsors

2017-S7193 (ACTIVE) - Details

See Assembly Version of this Bill:: A8910
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §44, Lab L; amd §§296 & 292, add §96-b, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3941, A7485
2021-2022: A395
2023-2024: A562

2017-S7193 (ACTIVE) - Summary

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.

2017-S7193 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7193

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the labor law and the executive law,
in relation to establishing sexual harassment prevention protocols with-
in the private sector

 
PURPOSE:

To prevent sexual harassment in the workplace, provide remedies to
address sexual harassment, and proscribe affirmative conduct to help
prevent future incidents of sexual harassment

 
SUMMARY OF PROVISIONS:

Section 1 amends the labor law to require the Department of Labor to
draft a model sexual harassment policy and model sexual harassment
prevention training for employees, in order to allow all employers with
easier access to resources to prevent sexual harassment in the work-
place. The Department may consult with the Division of Human Rights in
the creation and distribution of the model policy and training program.

Section 2 amends the executive law to clearly adds sexual harassment as
an unlawful discriminatory practice. Sexual harassment is defined as
unwelcome sexual advances, requests for sexual favors, or other verbal
or physical conduct of a sexual nature, where a) submission to the above
conduct is explicitly or implicitly a condition of employment, b)
submission or rejection is the basis for an employment decision affect-
ing the individual, or c) engaging in the above conduct when it has the
purpose or effect of interfering with an individual's work performance
by creating an intimidating, hostile, or offensive working environment.
Section 3 also ensures that any individual with supervisory authority is
considered a supervisor for the purpose of vicarious liability to the
employer. While sexual harassment is generally viewed by courts as being
prohibited based on discrimination on the basis of gender, adding a
clear and concise definition as already provided for in the case of
domestic workers will provide clear standards to the courts and employ-
ers that sexual harassment is unlawful and subject to specific remedies.

Section 3 amends the executive law and provides that in a case of
discrimination on the basis of sex or a case of sexual harassment, a
practice may be discriminatory regardless of the pervasiveness or seri-
ousness of the conduct, as long as the conduct is motivated in whole or
part by the individual's gender. A covered entity may rebut the claim
with an affirmative defense that the conduct was no greater than what a
reasonable victim of discrimination would consider petty slights or
trivial annoyances. This section would essentially ensure that one note-
worthy act of harassment or gender discrimination was unlawful, in
response to certain cases and patterns of practice where minor acts of
harassment are not treated as unlawful until a broad pattern can be
demonstrated.

Section 4 amends the executive law to provide that an employee of a
business with less than four employees may bring any case of gender
discrimination, as opposed to current law that limits such cases to only
acts of sexual harassment. This section ensures that the broadest type
of conduct motivated by a person's gender, including but not limited to
sexual harassment, is covered under the Human Rights Law.

Section 5 amends the executive law to require the Department of State to
provide notice to an individual incorporating a business of the anti-
sexual harassment laws covered in this legislation. The notice shall
include the definition of sexual harassment under Section 2 of this act.

Section 6 sets the effective date as 180 days after becoming a law.

 
JUSTIFICATION:

Several high profile incidents of sexual harassment in both the public
and private sectors has emphasize the inadequate state remedies for
employees who are victims of sexual harassment.  The state's failure to
properly address such discriminatory conduct fails to promote gender
equality in the workplace and subjects employees to hostile conduct at
work. In New York, sexual harassment is not even defined as an unlawful
discriminatory conduct under the state human rights law for all employ-
ees. Many other states have adopted anti-sexual harassment provision of
law to help employees experience workplace conditions free of hostile
sexual conduct and help employers clearly understand what conduct shall
be deemed unlawful.

Basic steps to outlaw sexual harassment in the workplace and promote
education about improper conduct can improve the workplace conditions
that employees in the private sector. This legislation provides a defi-
nition of sexual harassment and would make it easier for a victim of
sexual harassment to receive redress for their experiences. By adding a
state definition and strengthening legal remedies against such conduct,
this legislation will help address current workplace grievances and
promote harassment-free workplaces for all employees to enjoy.

 
FISCAL IMPACT:

Minimal to the state.

 
EFFECTIVE DATE:
180 days after becoming law.

2017-S7193 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7193
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed 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

 S. 7193                             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

 S. 7193                             3

 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7193

Share this bill

Sponsored By

Liz Krueger