LBD14890-05-8
S. 7848 2
PART A
Section 1. The state finance law is amended by adding a new section
148 to read as follows:
§ 148. PREVENTION OF SEXUAL HARASSMENT BY STATE CONTRACTORS. 1. DEFI-
NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
A. "STATE AGENCY" MEANS (1) (A) ANY STATE DEPARTMENT, OFFICE, BUREAU,
DIVISION, COMMITTEE, COUNCIL, OR (B) ANY DIVISION, BOARD, OFFICE,
COMMITTEE, COUNCIL, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT, OR (C)
THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK,
INCLUDING ALL THEIR CONSTITUENT UNITS EXCEPT COMMUNITY COLLEGES AND THE
INDEPENDENT INSTITUTIONS OPERATING STATUTORY OR CONTRACT COLLEGES ON
BEHALF OF THE STATE, OR (D) A BOARD OR COMMISSION, A MAJORITY OF WHOSE
MEMBERS ARE APPOINTED BY THE GOVERNOR; AND (2) A "STATE AUTHORITY", AS
DEFINED IN SUBDIVISION ONE OF SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
B. "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR
SEXUAL FAVORS, OR OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE IF
SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION
OF EMPLOYMENT, OR SUBMISSION TO OR REJECTION OF SUCH CONDUCT IS USED AS
THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING AN INDIVIDUAL'S EMPLOYMENT,
OR SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING
WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING,
HOSTILE OR OFFENSIVE WORK ENVIRONMENT.
C. "CONTRACT" MEANS ANY CONTRACT OR OTHER AGREEMENT FOR "GOVERNMENT
PROCUREMENT" AS SUCH TERM IS DEFINED IN SUBDIVISION (E) OF SECTION ONE
HUNDRED THIRTY-NINE-K OF THE STATE FINANCE LAW, INCLUDING AN AMENDMENT,
EXTENSION, RENEWAL, OR CHANGE ORDER TO AN EXISTING CONTRACT (OTHER THAN
AMENDMENTS, EXTENSIONS, RENEWALS, OR CHANGE ORDERS THAT ARE AUTHORIZED
AND PAYABLE UNDER THE TERMS OF THE CONTRACT AS IT WAS FINALLY AWARDED OR
APPROVED BY THE COMPTROLLER, AS APPLICABLE), FOR AN ARTICLE OF PROCURE-
MENT. GRANTS, ARTICLE ELEVEN-B CONTRACTS, PROGRAM CONTRACTS BETWEEN
NOT-FOR-PROFIT ORGANIZATIONS, AS DEFINED IN ARTICLE ELEVEN-B OF THE
STATE FINANCE LAW, AND THE UNIFIED COURT SYSTEM, INTERGOVERNMENTAL
AGREEMENTS, RAILROAD AND UTILITY FORCE ACCOUNTS, UTILITY RELOCATION
PROJECT AGREEMENTS OR ORDERS, CONTRACTS GOVERNING ORGAN TRANSPLANTS,
CONTRACTS ALLOWING FOR STATE PARTICIPATION IN A TRADE SHOW, AND EMINENT
DOMAIN TRANSACTIONS SHALL NOT BE DEEMED CONTRACTS.
2. EVERY STATE CONTRACTOR TO WHOM ANY CONTRACT SHALL BE LET SHALL HAVE
IN PLACE AN ANTI-SEXUAL HARASSMENT POLICY CONSISTENT WITH CURRENT STATE
AND FEDERAL STATUTORY PROVISIONS. SUCH SEXUAL HARASSMENT POLICY SHALL BE
WIDELY DISTRIBUTED AND MADE AVAILABLE TO EVERY EMPLOYEE AND INCLUDED IN
EVERY NEW EMPLOYEE ORIENTATION.
3. EVERY STATE CONTRACTOR TO WHOM A CONTRACT IS LET SHALL CONDUCT
APPROPRIATE YEARLY ANTI-SEXUAL HARASSMENT TRAINING. SUCH TRAINING SHALL
BE NO LESS THAN TWO HOURS IN LENGTH AND INTERACTIVE AND SHALL (I) DEFINE
SEXUAL HARASSMENT; (II) PROVIDE EXAMPLES OF CONDUCT THAT WOULD BE
DEFINED AS UNLAWFUL SEXUAL HARASSMENT; (III) INCLUDE BUT NOT BE LIMITED
TO INFORMATION CONCERNING THE FEDERAL AND STATE STATUTORY PROVISIONS
CONCERNING SEXUAL HARASSMENT AND REMEDIES AVAILABLE TO VICTIMS OF SEXUAL
HARASSMENT; AND (IV) INFORM EMPLOYEES OF THEIR RIGHTS OF REDRESS AND THE
AVAILABILITY AND FORMS OF COMPLAINT RESOLUTION ASSISTANCE.
4. A CLAUSE SHALL BE INSERTED IN ALL CONTRACTS HEREAFTER MADE OR
AWARDED BY THE STATE, OR BY ANY STATE AGENCY, REQUIRING A CONTRACTOR TO
WHOM ANY CONTRACT SHALL BE LET, GRANTED OR AWARDED, AS REQUIRED BY LAW,
TO CERTIFY TO THE OFFICE OF GENERAL SERVICES NOT LATER THAN JUNE THIRTI-
S. 7848 3
ETH OF EACH YEAR DURING THE TERM OF THE CONTRACT THAT (I) SUCH CONTRAC-
TOR HAS ADOPTED AN ANTI-SEXUAL HARASSMENT POLICY; (II) SUCH POLICY HAS
BEEN DELIVERED TO EACH NEW EMPLOYEE; (III) SUCH POLICY HAS BEEN WIDELY
DISTRIBUTED AND MADE AVAILABLE TO ALL EMPLOYEES; AND (IV) ANTI-SEXUAL
HARASSMENT TRAINING HAS BEEN CONDUCTED.
5. IF ANY CONTRACTOR FAILS TO CERTIFY PURSUANT TO SUBDIVISION FOUR OF
THIS SECTION, SUCH CONTRACTOR SHALL HAVE SIXTY DAYS TO CURE SUCH DEFECT.
IF AFTER SIXTY DAYS THE DEFECT HAS NOT BEEN CURED, THE CONTRACTOR SHALL
BE PROHIBITED FROM OBTAINING ANY ADDITIONAL STATE GOVERNMENT CONTRACTS
UNTIL THE DEFECT IS CURED. THE OFFICE OF GENERAL SERVICES SHALL PREPARE
AND DELIVER TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT IN SEPTEMBER OF EACH YEAR
WHICH IDENTIFIES THE NUMBER OF CONTRACTORS WHO, AS OF SEPTEMBER OF EACH
YEAR HAVE FAILED TO COMPLY WITH SUBDIVISION FOUR OF THIS SECTION AND ARE
PROHIBITED FROM OBTAINING ANY ADDITIONAL STATE GOVERNMENT CONTRACTS.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART B
Section 1. The general business law is amended by adding a new section
398-f to read as follows:
§ 398-F. MANDATORY ARBITRATION CLAUSES; PROHIBITED. 1. DEFINITIONS. AS
USED IN THIS SECTION:
A. THE TERM "EMPLOYER" SHALL HAVE THE SAME MEANING AS PROVIDED IN
SUBDIVISION FIVE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
B. THE TERM "SEXUAL HARASSMENT" SHALL HAVE THE SAME MEANING AS
PROVIDED IN SUBDIVISION THIRTY-FIVE OF SECTION TWO HUNDRED NINETY-TWO OF
THE EXECUTIVE LAW.
C. THE TERM "PROHIBITED CLAUSE" SHALL MEAN ANY CLAUSE OR PROVISION IN
ANY CONTRACT WHICH REQUIRES AS A CONDITION OF THE ENFORCEMENT OF THE
CONTRACT OR OBTAINING REMEDIES UNDER THE CONTRACT THAT THE PARTIES
SUBMIT TO MANDATORY ARBITRATION TO RESOLVE ANY ALLEGATION OR CLAIM OF AN
UNLAWFUL DISCRIMINATORY PRACTICE OF SEXUAL HARASSMENT.
D. THE TERM "MANDATORY ARBITRATION CLAUSE" SHALL MEAN A TERM OR
PROVISION CONTAINED IN A WRITTEN CONTRACT WHICH REQUIRES THE PARTIES TO
SUCH CONTRACT TO SUBMIT ANY MATTER THEREAFTER ARISING UNDER SUCH
CONTRACT TO ARBITRATION PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION TO
ENFORCE THE PROVISIONS OF SUCH CONTRACT AND WHICH ALSO FURTHER PROVIDES
LANGUAGE TO THE EFFECT THAT THE FACTS FOUND OR DETERMINATION MADE OF THE
ARBITRATOR OR PANEL OF ARBITRATORS IN ITS APPLICATION TO A PARTY ALLEG-
ING AN UNLAWFUL DISCRIMINATORY PRACTICE BASED ON SEXUAL HARASSMENT SHALL
BE FINAL AND NOT SUBJECT TO INDEPENDENT COURT REVIEW.
E. THE TERM "ARBITRATION" SHALL MEAN THE USE OF A DECISION MAKING
FORUM CONDUCTED BY AN ARBITRATOR OR PANEL OF ARBITRATORS WITHIN THE
MEANING AND SUBJECT TO THE PROVISIONS OF ARTICLE SEVENTY-FIVE OF THE
CIVIL PRACTICE LAW AND RULES.
2. A. PROHIBITION. NO WRITTEN CONTRACT, ENTERED INTO ON OR AFTER THE
EFFECTIVE DATE OF THIS SECTION SHALL CONTAIN A PROHIBITED CLAUSE AS
DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION.
B. EXCEPTIONS. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO
IMPAIR OR PROHIBIT AN EMPLOYER FROM INCORPORATING A NON-PROHIBITED
CLAUSE OR OTHER MANDATORY ARBITRATION PROVISION WITHIN SUCH CONTRACT,
THAT THE PARTIES AGREE UPON.
C. MANDATORY ARBITRATION CLAUSE NULL AND VOID. THE PROVISIONS OF SUCH
A MANDATORY ARBITRATION CLAUSE SHALL BE NULL AND VOID. THE INCLUSION OF
S. 7848 4
SUCH CLAUSE IN A WRITTEN CONTRACT SHALL NOT SERVE TO IMPAIR THE ENFORCE-
ABILITY OF ANY OTHER PROVISION OF SUCH CONTRACT.
3. WHERE THERE IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREE-
MENT AND THIS SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
PART C
Section 1. Section 292 of the executive law is amended by adding a new
subdivision 35 to read as follows:
35. THE TERM "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, OR OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE IF SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A
TERM OR CONDITION OF EMPLOYMENT, OR SUBMISSION TO OR REJECTION OF SUCH
CONDUCT IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING AN INDI-
VIDUAL'S EMPLOYMENT, OR SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREA-
SONABLY INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN
INTIMIDATING, HOSTILE OR OFFENSIVE WORK ENVIRONMENT, EVEN IF THE
COMPLAINING INDIVIDUAL IS NOT THE INTENDED TARGET OF THE SEXUAL HARASS-
MENT.
§ 2. The executive law is amended by adding a new section 296-d to
read as follows:
§ 296-D. SEXUAL HARASSMENT RELATING TO NON-EMPLOYEES. 1. AN EMPLOYER
MAY BE HELD LIABLE FOR THE ACTS OF NON-EMPLOYEES, WITH RESPECT TO "SEXU-
AL HARASSMENT" AS SUCH TERM IS DEFINED IN SUBDIVISION THIRTY-FIVE OF
SECTION TWO HUNDRED NINETY-TWO OF THIS ARTICLE WHEN THE EMPLOYER, ITS
AGENTS OR SUPERVISORS KNEW OR SHOULD HAVE KNOWN THAT ITS CONTRACTOR,
VENDOR, CONSULTANT OR OTHER PERSON PROVIDING SERVICES PURSUANT TO A
CONTRACT IN THE WORKPLACE OR EMPLOYEES OF SUCH CONTRACTOR, VENDOR,
CONSULTANT OR OTHER PERSON PROVIDING SERVICES PURSUANT TO A CONTRACT IN
THE WORKPLACE WAS SUBJECTED TO "SEXUAL HARASSMENT" AS SUCH TERM IS
DEFINED IN SUBDIVISION THIRTY-FIVE OF SECTION TWO HUNDRED NINETY-TWO OF
THIS ARTICLE BY AN EMPLOYEE AND THE EMPLOYER FAILS TO TAKE IMMEDIATE AND
APPROPRIATE CORRECTIVE ACTION. IN REVIEWING CASES INVOLVING THE ACTS OF
NON-EMPLOYEES, THE EXTENT OF THE EMPLOYER'S CONTROL AND ANY OTHER LEGAL
RESPONSIBILITY WHICH THE EMPLOYER MAY HAVE WITH RESPECT TO THE CONDUCT
OF THOSE NON-EMPLOYEES SHALL BE CONSIDERED.
2. EMPLOYERS SHALL TAKE ALL REASONABLE STEPS TO PREVENT SEXUAL HARASS-
MENT FROM OCCURRING.
§ 3. The executive law is amended by adding a new section 656 to read
as follows:
§ 656. INDIVIDUAL LIABILITY FOR SEXUAL HARASSMENT. A. FOR THE PURPOSES
OF THIS SECTION, "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL
ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER VERBAL OR PHYSICAL
CONDUCT OF A SEXUAL NATURE 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 INDI-
VIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH
INDIVIDUAL; OR (III) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFER-
ING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING,
HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
B. THE OFFICE OF EMPLOYEE RELATIONS SHALL REVIEW EACH PROPOSED AGREED
JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCON-
TINUANCE OR OTHER AGREEMENT TO RESOLVE ANY INTERNAL COMPLAINT, COMPLAINT
TO THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OR NEW YORK
S. 7848 5
DIVISION OF HUMAN RIGHTS, OR OTHER COMPLAINT FILED BY AN EMPLOYEE OF A
"STATE AGENCY" AS SUCH TERM IS DEFINED BY SECTION ONE HUNDRED FORTY-
EIGHT OF THE STATE FINANCE LAW, THAT HAS NOT BEEN FILED IN STATE OR
FEDERAL COURT, IF THE ACT OR OMISSION FROM WHICH SUCH COMPLAINT AROSE
INVOLVED SEXUAL HARASSMENT. THE OFFICE OF EMPLOYEE RELATIONS SHALL NOT
APPROVE SUCH AGREEMENT TO THE EXTENT SUCH AGREEMENT INCLUDES A PROPOSAL
FOR THE STATE TO INDEMNIFY AND SAVE HARMLESS AN EMPLOYEE FOR THE EMPLOY-
EE'S INDIVIDUAL LIABILITY WITH RESPECT TO ANY PORTION OF THE JUDGEMENT,
STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE OR
OTHER AGREEMENT THAT IS BASED UPON AN ALLEGATION OF SEXUAL HARASSMENT.
§ 4. Section 17 of the public officers law is amended by adding a new
subdivision 12 to read as follows:
12. (A) FOR THE PURPOSES OF THIS SECTION, "SEXUAL HARASSMENT" SHALL
INCLUDE UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER
VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN: (I) SUBMISSION TO
SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OF 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 OR CREATING
AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
(B) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR LAW, THE STATE
SHALL NOT INDEMNIFY AND SAVE HARMLESS AN EMPLOYEE IN THE AMOUNT OF ANY
FINAL JUDGMENT OBTAINED AGAINST SUCH EMPLOYEE IN ANY STATE OR FEDERAL
COURT, OR IN THE AMOUNT OF ANY SETTLEMENT OF A CLAIM, OF SUCH EMPLOYEE
OR OFFICER'S INTENTIONAL WRONGDOING WHERE THERE IS A FINDING OR ADMIS-
SION OF SEXUAL HARASSMENT IN ANY LEGAL PROCEEDING, SUBJECT TO A PROCEED-
ING BEFORE A COURT OF COMPETENT JURISDICTION. NOTHING SHALL PROHIBIT THE
PROVISIONAL INDEMNIFICATION FOR THE PURPOSE OF AN AWARD TO THE DAMAGED
PARTY.
§ 5. Section 17 of the public officers law is amended by adding a new
subdivision 13 to read as follows:
13. ANY PAYMENT TO ANY COMPLAINANT SHALL BE SUBJECT TO THE STATE
RECEIVING IN WRITING AN EXECUTED DOCUMENT PROVIDING THE STATE WITH ALL
SUBROGATION RIGHTS OF THE CLAIMANT TO COSTS OR DAMAGES FROM ANY RESPON-
SIBLE PARTY. THE STATE SHALL AT A MINIMUM WITHIN THIRTY DAYS COMMENCE AN
IMMEDIATE SEPARATE SUMMARY ACTION OR PROCEEDING AGAINST THE APPROPRIATE
PARTY TO RECOUP SUCH PUBLIC MONIES EXPENDED.
§ 6. Subdivision 3 of section 17 of the public officers law is amended
by adding a new paragraph (e) to read as follows:
(E) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, FOR ANY CLAIM OR
CAUSE OF ACTION, WHETHER ARISING UNDER COMMON LAW, EQUITY, OR ANY
PROVISION OF LAW, THE FACTUAL FOUNDATION FOR WHICH INVOLVES SEXUAL
HARASSMENT AS SUCH TERM IS DEFINED IN SUBDIVISION THIRTY-FIVE OF SECTION
TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, IN RESOLVING, BY AGREED
JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCON-
TINUANCE OR OTHERWISE, NO STATE AGENCY OR EMPLOYEE ACTING IN THEIR OFFI-
CIAL CAPACITY SHALL HAVE THE AUTHORITY TO INCLUDE OR AGREE TO INCLUDE IN
SUCH RESOLUTION ANY TERM OR CONDITION THAT WOULD PREVENT THE DISCLOSURE
OF ANY OR ALL FACTUAL INFORMATION RELATED TO THE ACTION UNLESS THE
CONDITION OF CONFIDENTIALITY IS THE COMPLAINANT'S PREFERENCE. ANY SUCH
CONDITION MUST BE PROVIDED TO THE COMPLAINANT, WHO SHALL HAVE TWENTY-ONE
DAYS TO CONSIDER THE CONDITION. IF AFTER TWENTY-ONE DAYS, SUCH CONDI-
TION IS THE COMPLAINANT'S PREFERENCE, SUCH PREFERENCE SHALL BE MEMORIAL-
IZED IN AN AGREEMENT SIGNED BY THE COMPLAINANT.
S. 7848 6
§ 7. Paragraph (d) of subdivision 4 of section 18 of the public offi-
cers law is relettered paragraph (e) and a new paragraph (d) is added to
read as follows:
(D)(I) FOR THE PURPOSES OF THIS SECTION, "SEXUAL HARASSMENT" SHALL
INCLUDE UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER
VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN: (A) SUBMISSION TO
SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION
OF AN INDIVIDUAL'S EMPLOYMENT; (B) SUBMISSION TO OR REJECTION OF SUCH
CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS
AFFECTING SUCH INDIVIDUAL; OR (C) SUCH CONDUCT HAS THE PURPOSE OR EFFECT
OF INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN
INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
(II) NO PUBLIC ENTITY SHALL INDEMNIFY OR SAVE HARMLESS AN EMPLOYEE
WITH RESPECT TO THE AMOUNT OF ANY FINAL JUDGMENT OBTAINED AGAINST SUCH
EMPLOYEE IN ANY STATE OR FEDERAL COURT, OR IN THE AMOUNT OF ANY SETTLE-
MENT OF A CLAIM, OF SUCH EMPLOYEE OR OFFICER'S INTENTIONAL WRONGDOING
WHERE THERE IS A FINDING OR ADMISSION OF SEXUAL HARASSMENT IN ANY LEGAL
PROCEEDING, SUBJECT TO A PROCEEDING BEFORE A COURT OF COMPETENT JURIS-
DICTION. NOTHING SHALL PROHIBIT THE PROVISIONAL INDEMNIFICATION FOR THE
PURPOSE OF AN AWARD TO THE DAMAGED PARTY.
(III) ANY PAYMENT TO ANY COMPLAINANT SHALL BE SUBJECT TO THE STATE
RECEIVING IN WRITING AN EXECUTED DOCUMENT PROVIDING THE STATE WITH ALL
SUBROGATION RIGHTS OF THE CLAIMANT TO COSTS OR DAMAGES FROM ANY RESPON-
SIBLE PARTY. THE STATE SHALL AT A MINIMUM WITHIN THIRTY DAYS COMMENCE AN
IMMEDIATE SEPARATE SUMMARY ACTION OR PROCEEDING AGAINST THE APPROPRIATE
PARTY TO RECOUP SUCH PUBLIC MONIES EXPENDED.
§ 8. This act shall take effect immediately.
PART D
Section 1. The civil practice law and rules is amended by adding a new
section 5003-b to read as follows:
§ 5003-B. ACTIONS FOR SEXUAL HARASSMENT. WITH RESPECT TO ALL ACTIONS
TO RECOVER DAMAGES FOR SEXUAL HARASSMENT, AS DEFINED IN SECTION THREE
HUNDRED NINETY-EIGHT-F OF THE GENERAL BUSINESS LAW, NO COURT SHALL
ACCEPT ANY SETTLEMENT, INCLUDING ANY CONFIDENTIALITY AGREEMENT OR
PROVISION THAT WOULD PREVENT THE DISCLOSURE OF ANY OR ALL FACTUAL INFOR-
MATION RELATED TO THE ACTION UNLESS THE CONDITION OF CONFIDENTIALITY IS
THE COMPLAINANT'S PREFERENCE AND THE COURT HAS CONSIDERED THE POTENTIAL
IMPACT ON THE PUBLIC AND FINDS THAT THE COMPLAINANT'S PREFERENCE IS NOT
A RESULT OF INTIMIDATION, COERCION, RETALIATION, OR THREATS DIRECTED AT
THE COMPLAINANT. ANY SUCH CONDITION MUST BE PROVIDED IN WRITING TO THE
COMPLAINANT AND TO THE COURT FOR CONSIDERATION. IF THE COURT DETERMINES
THAT ANY OR ALL OF THE FACTUAL INFORMATION RELATED TO THE ACTION SHALL
NOT BE DISCLOSED, THE PREFERENCE SHALL BE MEMORIALIZED IN AN AGREEMENT
SIGNED BY THE COMPLAINANT. PROVIDED, HOWEVER, SUBJECT TO THE PROVISIONS
OF THE DOMESTIC RELATIONS LAW, A SETTLEMENT AGREEMENT MAY INCLUDE A
CONFIDENTIALITY PROVISION ONLY IF SUCH PROVISION IS APPROVED BY THE
COURT FOR GOOD CAUSE IN AN OPEN PROCEEDING.
§ 2. The general municipal law is amended by adding a new section 70-b
to read as follows:
§ 70-B. CONFIDENTIAL SETTLEMENTS. A. FOR THE PURPOSES OF THIS SECTION,
SEXUAL HARASSMENT INCLUDES UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXU-
AL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE 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
S. 7848 7
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 OR CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING
ENVIRONMENT.
B. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, FOR ANY CLAIM OR
CAUSE OF ACTION, WHETHER FILED OR UNFILED, ACTUAL OR POTENTIAL, AND
WHETHER ARISING UNDER COMMON LAW, EQUITY, OR ANY PROVISION OF LAW, THE
FACTUAL FOUNDATION FOR WHICH INVOLVES SEXUAL HARASSMENT, IN RESOLVING,
BY AGREED JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE
OF DISCONTINUANCE OR OTHERWISE, EVERY COUNTY, CITY, TOWN, VILLAGE,
SCHOOL DISTRICT AND OTHER POLITICAL SUBDIVISION, OFFICIAL OR EMPLOYEE
ACTING IN THEIR OFFICIAL CAPACITY SHALL NOT HAVE THE AUTHORITY TO
INCLUDE OR AGREE TO INCLUDE IN SUCH RESOLUTION ANY TERM OR CONDITION
THAT WOULD PREVENT THE DISCLOSURE OF ANY OR ALL FACTUAL INFORMATION
RELATED TO THE ACTION UNLESS THE CONDITION OF CONFIDENTIALITY IS THE
COMPLAINANT'S PREFERENCE. ANY SUCH CONDITION MUST BE PROVIDED TO THE
COMPLAINANT, WHO SHALL HAVE TWENTY-ONE DAYS TO CONSIDER THE CONDITION.
IF AFTER TWENTY-ONE DAYS, SUCH CONDITION IS THE COMPLAINANT'S PREFER-
ENCE, SUCH PREFERENCE SHALL BE MEMORIALIZED IN AN AGREEMENT SIGNED BY
THE COMPLAINANT.
§ 3. This act shall take effect immediately.
PART E
Section 1. Subdivision 3 of section 74 of the public officers law is
amended by adding a new paragraph j to read as follows:
J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE
OR LEGISLATIVE EMPLOYEE SHALL COMMIT AN ACT OF SEXUAL HARASSMENT WHILE
SERVING IN HIS OR HER OFFICIAL CAPACITY. FOR THE PURPOSES OF THIS
SECTION, "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE WHEN SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY
OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOYMENT,
SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS USED AS
THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL OR SUCH
CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDIVIDUAL'S
WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTEL, OR OFFENSIVE WORK-
ING ENVIRONMENT.
§ 2. Subdivision 4 of section 74 of the public officers law, as
amended by chapter 14 of the laws of 2007, is amended to read as
follows:
4. A. Violations. In addition to any penalty contained in any other
provision of law any such officer, member or employee who shall knowing-
ly and intentionally violate any of the provisions of this section may
be fined, suspended or removed from office or employment in the manner
provided by law. Any such individual who knowingly and intentionally
violates the provisions of paragraph b, c, d or i of subdivision three
of this section shall be subject to a civil penalty in an amount not to
exceed ten thousand dollars and the value of any gift, compensation or
benefit received as a result of such violation. Any such individual who
knowingly and intentionally violates the provisions of paragraph a, e or
g of subdivision three of this section shall be subject to a civil
penalty in an amount not to exceed the value of any gift, compensation
or benefit received as a result of such violation.
S. 7848 8
B. SEXUAL HARASSMENT VIOLATIONS. IN ADDITION TO ANY PENALTY CONTAINED
IN ANY OTHER PROVISION OF LAW ANY SUCH OFFICER, MEMBER OR EMPLOYEE WHO
SHALL VIOLATE THE PROVISIONS OF PARAGRAPH J OF SUBDIVISION THREE OF THIS
SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO TEN THOUSAND
DOLLARS, AND MAY BE SUBJECT TO PROCEEDINGS FOR SUSPENSION OR REMOVAL
FROM OFFICE OR EMPLOYMENT BY THE APPROPRIATE ADMINISTRATIVE ACTION,
WHICH SHALL CONFORM TO ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR
LAW.
§ 3. Subdivision 9 of section 94 of the executive law is amended by
adding a new paragraph (o) to read as follows:
(O) ESTABLISH A UNIT TO RECEIVE AND INVESTIGATE COMPLAINTS OF SEXUAL
HARASSMENT THAT CONSTITUTE VIOLATIONS OF PARAGRAPH J OF SUBDIVISION
THREE OF SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW. SUCH UNIT
SHALL MAINTAIN A PHONE NUMBER TO RECEIVE COMPLAINTS, AND POST SUCH
NUMBER AND INSTRUCTIONS FOR FILING A COMPLAINT OF SEXUAL HARASSMENT ON
THE COMMISSION'S PUBLICLY ACCESSIBLE WEBSITE.
§ 4. Subdivision 13 of section 94 of the executive law is amended by
adding a new paragraph (d) to read as follows:
(D) FOR AN ALLEGED VIOLATION OF PARAGRAPH J OF SUBDIVISION THREE OF
SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, FILING A COMPLAINT
SHALL NOT CONSTITUTE AN ELECTION OF REMEDIES. AN INDIVIDUAL SHALL NOT BE
REQUIRED TO EXHAUST OTHER AVAILABLE ADMINISTRATIVE REMEDIES TO FILE A
COMPLAINT. NEITHER THE FILING OF A COMPLAINT AT THE CONCLUSION OF ANY
INVESTIGATION BY THE COMMISSION SHALL RESTRICT A COMPLAINANT'S RIGHT TO
BRING A SEPARATE ACTION ADMINISTRATIVELY OR IN A COURT OF LAW. NOTICE TO
ANY COMPLAINANT SHALL BE PROVIDED UPON THE CLOSURE OF ANY INVESTIGATION.
HOWEVER, THE INDIVIDUAL SHALL NOTIFY THE COMMISSION OF ANY SEPARATE
ADMINISTRATIVE ACTION OR ACTION IN THE COURT OF LAW RELATING TO THE SAME
COMPLAINT. THE COMMISSION MAY STAY THE MATTER BEFORE IT PENDING THE
DETERMINATION/CONCLUSION OF THE SEPARATE ACTION.
§ 5. This act shall take effect immediately.
PART F
Section 1. The executive law is amended by adding a new section 655 to
read as follows:
§ 655. SEXUAL HARASSMENT PREVENTION POLICY. A. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE OF EMPLOYEE RELATIONS
SHALL DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, APPLICABLE TO EACH
AGENCY, OFFICE OR DEPARTMENT, WHICH SHALL INCLUDE INFORMATION RELATING
TO HOW AND WITH WHOM TO FILE A COMPLAINT; THE INVESTIGATION PROCEDURES
AND A STANDARD COMPLAINT FORM. THE SEXUAL HARASSMENT PREVENTION POLICY
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ELEMENTS:
(I) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A
SEXUAL NATURE WHEN: (1) SUBMISSION TO SUCH CONDUCT IS MADE EITHER
EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOY-
MENT; (2) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS
USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
(3) SUCH CONDUCT HAS THE PURPOSE OF EFFECT OF INTERFERING WITH AN INDI-
VIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR
OFFENSIVE WORKING ENVIRONMENT.
(B) "EMPLOYEE" SHALL INCLUDE ANY AGENCY, OFFICE OR DEPARTMENT EMPLOY-
EE, APPLICANT, INTERN, FELLOW, VOLUNTEER OR OTHER INDIVIDUAL PAID OR
S. 7848 9
UNPAID INVOLVED IN THE OPERATION OF THE AGENCY, OFFICE OR DEPARTMENT,
CONTRACTOR, VENDOR OR CONSULTANT OR EMPLOYEE OF ANY CONTRACTOR, VENDOR
OR CONSULTANT IN THE WORKPLACE OF ANY AGENCY, OFFICE OR DEPARTMENT.
(II) INSTRUCTIONS TO FILE A COMPLAINT. (A) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE OFFICE OF
EMPLOYMENT RELATIONS OTHERWISE BECOMES AWARE OF CONDUCT OF A SEXUALLY
HARASSING NATURE, IT SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATE-
LY.
(B) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE IN THE NEW EMPLOYEE ORIENTATION MATERIAL AND
ON THE AGENCY, OFFICE, OR DEPARTMENT'S INTRANET. IF AN EMPLOYEE MAKES AN
ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE
EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT
FILL OUT THE COMPLAINT FORM, THE PERSON RECEIVING THE COMPLAINT SHALL
FILL OUT SUCH FORM BASED ON THE ORAL REPORTING.
(III) INVESTIGATION PROCEDURE. (A) THE OFFICE OF EMPLOYEE RELATIONS
SHALL DESIGNATE AN INDIVIDUAL TO INVESTIGATE COMPLAINTS OF SEXUAL
HARASSMENT FOR EACH AGENCY, OFFICE, AND DEPARTMENT. UPON RECEIPT OF A
COMPLAINT OF SEXUAL HARASSMENT, A SUPERVISOR, MANAGERIAL EMPLOYEE,
PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR SHALL IMME-
DIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED INDIVIDUAL, WHO SHALL
OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL SHALL ENSURE THAT HE OR
SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE ALLEGATIONS IN THE
COMPLAINT, AND IF THERE IS ANY SUSPECTED CONFLICT OF INTEREST, THE INDI-
VIDUAL SHALL IMMEDIATELY NOTIFY THE OFFICE OF EMPLOYEE RELATIONS, WHICH
SHALL DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION.
(B) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE OFFICE OF EMPLOYEE
RELATIONS.
(C) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF
THE ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(D) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED
HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT, OR REMOVING THE ALLEGED
HARASSER FROM THE WORKPLACE.
(E) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(1) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(I) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
(II) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY
RELEVANT WITNESSES;
(III) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON
ANY RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
S. 7848 10
(IV) A DETERMINATION OF ANY NECESSARY SITE VISITS;
(2) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(3) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW; AND
(4) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(IV) COMPLETION OF THE INVESTIGATION. (A) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE OFFICE OF
EMPLOYEE RELATIONS. SUCH REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF
RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY
OF THEIR STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT
INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(B) THE REPORT SHALL BE SUBMITTED TO THE COUNSEL AT THE AGENCY,
OFFICE, OR DEPARTMENT FOR REVIEW AND RECOMMENDATION. NO MORE THAN THIRTY
DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION, A LEGAL DETERMINATION
SHALL BE ISSUED. IF THERE IS A DETERMINATION THAT THE COMPLAINT OR A
COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE
ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY APPLICABLE COLLECTIVE
BARGAINING AGREEMENT OR LAW.
B. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(I) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT IN
ALL STATE AGENCIES, OFFICES, AND DEPARTMENTS;
(II) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
(III) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMIS-
SION, AND THE NEW YORK DIVISION OF HUMAN RIGHTS;
(IV) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A
RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
SUCH A COMPLAINT;
(V) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF STATE AGEN-
CIES, OFFICES, DEPARTMENTS, INCLUDING THE EXECUTIVE DEPARTMENT UPON
COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND
(VI) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
EMPLOYEES OF STATE AGENCIES, OFFICES, AND DEPARTMENTS, INCLUDING THE
EXECUTIVE DEPARTMENT.
C. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING HEREIN ABROGATES COMPLIANCE WITH ANY LAW, RULE,
OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE IS A
CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS SECTION,
SUCH AGREEMENT SHALL BE CONTROLLING.
§ 2. Section 80 of the legislative law is amended by adding a new
subdivision 8-a to read as follows:
8-A. THE LEGISLATIVE ETHICS COMMISSION SHALL RECEIVE AND INVESTIGATE
COMPLAINTS OF "SEXUAL HARASSMENT" AS SUCH TERM IS DEFINED IN SECTION
SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, RECEIVED FROM ANY "EMPLOYEE" AS
SUCH TERM IS DEFINED BY SECTION EIGHTY-ONE OF THIS ARTICLE.
A. STANDARD COMPLAINT FORM. THE LEGISLATIVE ETHICS COMMISSION SHALL
ENSURE THAT A STANDARD COMPLAINT FORM IS AVAILABLE TO EVERY EMPLOYEE OF
THE LEGISLATURE. IF AN EMPLOYEE MAKES AN ORAL COMPLAINT, THE PERSON
S. 7848 11
RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE EMPLOYEE TO FILL OUT A
STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT FILL OUT THE COMPLAINT
FORM, THE PERSON SHALL FILL OUT SUCH FORM BASED ON THE ORAL REPORTING.
B. INVESTIGATION PROCEDURE. UPON THE RECEIPT OF A COMPLAINT BASED ON
SEXUAL HARASSMENT THE EXECUTIVE DIRECTOR OF THE LEGISLATIVE ETHICS
COMMISSION OR HIS OR HER DESIGNEE SHALL DESIGNATE AN INDIVIDUAL TO
INVESTIGATE THE COMPLAINT OF SEXUAL HARASSMENT. THE DESIGNATED INDIVID-
UAL SHALL ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN
THE ALLEGATIONS IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTER-
EST, THE LEGISLATIVE ETHICS COMMISSION SHALL IMMEDIATELY NOTIFY THE
LEGISLATURE AND THE LEGISLATIVE ETHICS COMMISSION SHALL DESIGNATE ANOTH-
ER INDIVIDUAL TO CONDUCT THE INVESTIGATION. NOTICE SHALL BE PROVIDED TO
THE PERSONS INVOLVED.
C. (I) THE COMPLAINT SHALL BE NOTIFIED THE STATUTORY PERIOD IN WHICH
TO FILE A COMPLAINT WITH THE UNITED STATES EQUAL OPPORTUNITY COMMISSION
AND THE NEW YORK STATE DIVISION OF HUMAN RIGHTS.
(II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, THE
TIME MAY BE EXTENDED AN ADDITIONAL TEN DAYS AT THE DISCRETION OF THE
LEGISLATIVE ETHICS COMMISSION.
(III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF COMPLAINANT, WITNESSES AND THE IDENTITY OF THE
ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGISLATIVE
ETHICS COMMISSION. SUCH REPORT SHALL CONTAIN, AT A MINIMUM, A SUMMARY OF
RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY
OF THEIR STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT
INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(II) NO MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH INVESTI-
GATION, A LEGAL DETERMINATION SHALL BE ISSUED. IF THERE IS A DETERMI-
NATION THAT THE COMPLAINT OR A COMPONENT OF SUCH COMPLAINT IS SUBSTANTI-
ATED, APPROPRIATE ADMINISTRATIVE ACTION SHALL BE TAKEN, WHICH SHALL
CONFORM TO ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW.
§ 3. Article 5 of the legislative law is amended by adding a new
section 81 to read as follows:
§ 81. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, EACH HOUSE OF THE LEGISLATURE
SHALL DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, APPLICABLE TO
MEMBERS OF THE LEGISLATURE AND ALL LEGISLATIVE EMPLOYEES, WHICH SHALL
INCLUDE INVESTIGATION PROCEDURES AND A STANDARD COMPLAINT FORM. THE
SEXUAL HARASSMENT PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING ELEMENTS:
(A) DEFINITIONS. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
(I) "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR
SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE
WHEN SUBMISSION TO OR REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICIT-
LY, AFFECTS AN INDIVIDUAL'S EMPLOYMENT, UNREASONABLY INTERFERES WITH AN
INDIVIDUAL'S WORK PERFORMANCE OR CREATES AN INTIMIDATING, HOSTILE OR
OFFENSIVE WORK ENVIRONMENT WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO
OR DISCHARGE OF THE INDIVIDUAL.
S. 7848 12
(II) "EMPLOYEE" SHALL INCLUDE ANY LEGISLATIVE EMPLOYEE, APPLICANT,
INTERN, FELLOW, VOLUNTEER OR OTHER INDIVIDUAL PAID OR UNPAID INVOLVED IN
THE OPERATION OF THE LEGISLATURE, CONTRACTOR, VENDOR OR CONSULTANT OR
EMPLOYEE OF ANY CONTRACTOR, VENDOR OR CONSULTANT IN THE WORKPLACE OF THE
LEGISLATURE.
(B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, AFFIRMATIVE ACTION ADMINISTRATOR OR THE LEGISLATIVE ETHICS
COMMISSION. ANY SUPERVISORY OR MANAGERIAL EMPLOYEE WHO OBSERVES OR
OTHERWISE BECOMES AWARE OF CONDUCT OF A SEXUALLY HARASSING NATURE, SHALL
REPORT SUCH CONDUCT AS SET FORTH IN THE COMPLAINT PROCEDURE SO THAT IT
CAN BE INVESTIGATED.
(II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE OF THE LEGISLATURE. IF AN EMPLOYEE MAKES AN
ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE
EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT
FILL OUT THE COMPLAINT FORM, THE PERSON RECEIVING SUCH COMPLAINT SHALL
FILL OUT SUCH FORM BASED ON THE ORAL REPORTING.
(C) INVESTIGATION PROCEDURE. (I) THE LEGISLATURE SHALL DESIGNATE AN
INDEPENDENT ATTORNEY SPECIALIZING IN EMPLOYMENT LAW TO INVESTIGATE
COMPLAINTS BASED ON SEXUAL HARASSMENT. NOTICE SHALL BE PROVIDED TO THE
PERSONS INVOLVED. THE COMPLAINANT SHALL ALSO BE NOTIFIED OF THE STATUTO-
RY PERIOD IN WHICH TO FILE A COMPLAINT WITH THE UNITED STATES EQUAL
OPPORTUNITY COMMISSION AND THE NEW YORK STATE DIVISION OF HUMAN RIGHTS
AND THE RIGHT TO FILE THEIR COMPLAINT WITH THE LEGISLATIVE ETHICS
COMMISSION, AND THE JOINT COMMISSION ON PUBLIC ETHICS.
(II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF THE INDE-
PENDENT ATTORNEY CONDUCTING THE INVESTIGATION NEEDS ADDITIONAL TIME TO
COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, THE TIME MAY BE
EXTENDED AN ADDITIONAL TEN DAYS AT THE DISCRETION OF THE RETAINED ATTOR-
NEY. THE PARTIES INVOLVED SHALL BE NOTIFIED OF THE EXTENSION BY THE
CHIEF PERSONNEL OFFICER OR HIS OR HER DESIGNEE AND SHALL AGAIN BE
ADVISED OF THE STATUTORY PERIOD TO FILE A COMPLAINT WITH THE UNITED
STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND THE NEW YORK STATE
DIVISION OF HUMAN RIGHTS AND THEIR RIGHT TO FILE THEIR COMPLAINT WITH
THE LEGISLATIVE ETHICS COMMISSION, AND THE JOINT COMMISSION ON PUBLIC
ETHICS.
(III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF COMPLAINANT, WITNESSES AND THE IDENTITY OF THE
ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(IV) ANY APPROPRIATE REMEDIAL STEPS SHALL BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, COERCION OR THREATS OR PROMISES OF RETALIATION
DIRECTED AT THE COMPLAINANT OR OTHERS INCLUDING ANY POTENTIAL WITNESS OR
OTHER PARTY, BY THE ALLEGED HARASSER OR ANYONE ACTING ON THE HARASSER'S
BEHALF. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
(V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(A) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(1) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS;
S. 7848 13
(2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE-
VANT WITNESSES;
(3) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON ANY
RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
(4) A DETERMINATION OF ANY NECESSARY SITE VISITS;
(B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW; AND
(D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGISLATURE.
SUCH REPORT SHALL CONTAIN, AT A MINIMUM, A SUMMARY OF RELEVANT DOCU-
MENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY OF THEIR
STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT INCIDENTS;
AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(II) THE REPORT SHALL CONTAIN A LEGAL RECOMMENDATION AND BE COMPLETED
NO MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION. IF
THERE IS A DETERMINATION THAT THE COMPLAINT OR A COMPONENT OF SUCH
COMPLAINT IS SUBSTANTIATED IN WHOLE OR IN PART, APPROPRIATE ADMINISTRA-
TIVE ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY APPLICABLE
COLLECTIVE BARGAINING AGREEMENT OR LAW.
2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT IN
THE LEGISLATURE;
(B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
(C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE LEGISLATIVE ETHICS COMMISSION, THE UNITED STATES
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND THE NEW YORK DIVISION OF
HUMAN RIGHTS AND THE STATUTORY PERIODS WITHIN WHICH SUCH COMPLAINTS
SHALL BE FILED;
(D) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A
RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
SUCH A COMPLAINT;
(E) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO THE MEMBERS OF THE LEGISLA-
TURE AND TO ALL EMPLOYEES OF THE LEGISLATURE UPON COMMENCING EMPLOYMENT
AND ANNUALLY THEREAFTER; AND
(F) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
MEMBERS OF THE LEGISLATURE AND EMPLOYEES OF THE LEGISLATURE.
3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY
LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE
IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS
SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 4. The judiciary law is amended by adding a new section 219-d to
read as follows:
§ 219-D. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE OF COURT ADMINIS-
TRATION SHALL DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, APPLICABLE
S. 7848 14
TO THE JUDICIARY AND ALL JUDICIARY EMPLOYEES, WHICH SHALL INCLUDE INVES-
TIGATION PROCEDURES AND A STANDARD COMPLAINT FORM. THE SEXUAL HARASSMENT
PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
ELEMENTS:
(A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(I) "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR
SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE
WHEN SUBMISSION TO OR REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICIT-
LY, AFFECTS AN INDIVIDUAL'S EMPLOYMENT, UNREASONABLY INTERFERES WITH AN
INDIVIDUAL'S WORK PERFORMANCE OR CREATES AN INTIMIDATING, HOSTILE OR
OFFENSIVE WORK ENVIRONMENT WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO
OR DISCHARGE OF THE INDIVIDUAL.
(II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE, APPLICANT, INTERN, FELLOW,
VOLUNTEER OR OTHER INDIVIDUAL PAID OR UNPAID INVOLVED IN THE OPERATION
OF THE JUDICIARY, CONTRACTOR, VENDOR OR CONSULTANT, OR EMPLOYEE OF ANY
CONTRACTOR, VENDOR OR CONSULTANT IN THE WORK PLACE OF THE JUDICIARY.
(B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE OFFICE OF
COURT ADMINISTRATION OTHERWISE BECOMES AWARE OF CONDUCT OF A SEXUALLY
HARASSING NATURE, IT SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATE-
LY.
(II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE IN THE JUDICIARY. IF AN EMPLOYEE MAKES AN
ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE
EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT
FILL OUT THE COMPLAINT FORM, THE PERSON RECEIVING SUCH COMPLAINT SHALL
FILL OUT SUCH FORM BASED ON THE ORAL REPORTING.
(C) INVESTIGATION PROCEDURE. (I) THE OFFICE OF COURT ADMINISTRATION
SHALL DESIGNATE AN INDIVIDUAL TO INVESTIGATE COMPLAINTS OF SEXUAL
HARASSMENT. UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVI-
SOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION
ADMINISTRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED
INDIVIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL
SHALL ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE
ALLEGATIONS IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTEREST,
THE INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE OFFICE OF COURT ADMINIS-
TRATION, WHICH SHALL DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTI-
GATION.
(II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE OFFICE OF COURT ADMIN-
ISTRATION.
(III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF
THE ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED
HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
S. 7848 15
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
(V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(A) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(1) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
(2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE-
VANT WITNESSES;
(3) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON ANY
RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
(4) A DETERMINATION OF ANY NECESSARY SITE VISITS;
(B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW; AND
(D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE OFFICE OF COURT
ADMINISTRATION. SUCH REPORT SHALL CONTAIN, AT A MINIMUM, A SUMMARY OF
RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY
OF THEIR STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT
INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED BY THE
OFFICE OF COURT ADMINISTRATION TO REVIEW THE REPORT AND MAKE A LEGAL
RECOMMENDATION. NO MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH
INVESTIGATION, A LEGAL DETERMINATION SHALL BE ISSUED. IF THERE IS A
DETERMINATION THAT THE COMPLAINT OR A COMPONENT OF SUCH COMPLAINT IS
SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE ACTION SHALL BE TAKEN, WHICH
SHALL CONFORM TO ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW.
2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT IN
THE JUDICIARY;
(B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
(C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMIS-
SION, AND THE NEW YORK DIVISION OF HUMAN RIGHTS;
(D) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A
RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
SUCH A COMPLAINT;
(E) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF THE OFFICE
OF COURT ADMINISTRATION UPON COMMENCING EMPLOYMENT AND ANNUALLY THERE-
AFTER; AND
(F) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
EMPLOYEES OF THE JUDICIARY.
3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY
S. 7848 16
LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE
IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS
SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 5. The general municipal law is amended by adding a new section 686
to read as follows:
§ 686. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, EVERY COUNTY, CITY, TOWN,
VILLAGE, SCHOOL DISTRICT AND OTHER POLITICAL SUBDIVISION SHALL REQUIRE
ITS LEGAL COUNSEL TO DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY,
APPLICABLE TO ALL EMPLOYEES OF SUCH POLITICAL SUBDIVISION, WHICH SHALL
INCLUDE INVESTIGATION PROCEDURES AND A STANDARD COMPLAINT FORM. THE
SEXUAL HARASSMENT PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING ELEMENTS:
(A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(I) "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR
SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE
WHEN SUBMISSION TO OR REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICIT-
LY, AFFECTS AN INDIVIDUAL'S EMPLOYMENT, UNREASONABLY INTERFERES WITH AN
INDIVIDUAL'S WORK PERFORMANCE OR CREATES AN INTIMIDATING, HOSTILE OR
OFFENSIVE WORK ENVIRONMENT WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO
OR DISCHARGE OF THE INDIVIDUAL.
(II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE, APPLICANT, INTERN, FELLOW
VOLUNTEER OR OTHER INDIVIDUAL INVOLVED IN THE OPERATION OF THE COUNTY,
CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR OTHER POLITICAL SUBDIVISION, OR
CONTRACTOR OF EVERY COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT AND
OTHER POLITICAL SUBDIVISION OR ANY EMPLOYEE, CONTRACTOR, VENDOR OR
CONSULTANT OR EMPLOYEE OF ANY CONTRACTOR, VENDOR OR CONSULTANT IN THE
WORKPLACE OF EVERY COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT AND
OTHER POLITICAL SUBDIVISION.
(B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE WITH ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE LEGAL COUNSEL
OF THE COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR OTHER POLITICAL
SUBDIVISION BECOMES AWARE OF CONDUCT OF A SEXUALLY HARASSING NATURE, IT
SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATELY.
(II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE IN EVERY COUNTY, CITY, TOWN, VILLAGE, SCHOOL
DISTRICT OR OTHER POLITICAL SUBDIVISION. IF AN EMPLOYEE MAKES AN ORAL
COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE
EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT
FILL OUT THE COMPLAINT FORM, THE PERSON RECEIVING SUCH COMPLAINT SHALL
FILL OUT SUCH FORM BASED ON THE ORAL REPORTING.
(C) INVESTIGATION PROCEDURE. (I) THE LEGAL COUNSEL SHALL DESIGNATE AN
INDIVIDUAL OR OFFICE TO INVESTIGATE COMPLAINTS OF SEXUAL HARASSMENT.
UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVISOR, MANAGE-
RIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION ADMINIS-
TRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED INDI-
VIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL SHALL
ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE ALLE-
GATIONS IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTEREST, THE
INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE LEGAL COUNSEL, WHICH SHALL
DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION.
S. 7848 17
(II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE LEGAL COUNSEL.
(III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF COMPLAINANT, WITNESSES AND THE IDENTITY OF THE
ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED
HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
(V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(1) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(I) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
(II) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY
RELEVANT WITNESSES;
(III) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON
ANY RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
(IV) A DETERMINATION OF ANY NECESSARY SITE VISITS;
(2) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(3) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW; AND
(4) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGAL COUNSEL.
SUCH REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF RELEVANT DOCUMENTS;
A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY OF THEIR STATEMENTS;
A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT INCIDENTS; AND AN
ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED BY THE
LEGAL COUNSEL TO REVIEW THE REPORT AND MAKE A LEGAL RECOMMENDATION. NO
MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION, A
LEGAL DETERMINATION SHALL BE ISSUED. IF THERE IS A DETERMINATION THAT
THE COMPLAINT OR A COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED, APPRO-
PRIATE ADMINISTRATIVE ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY
APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW.
2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT;
(B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
(C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMIS-
SION, AND THE NEW YORK DIVISION OF HUMAN RIGHTS;
(D) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF EVERY COUN-
S. 7848 18
TY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR OTHER POLITICAL SUBDIVISION
UPON COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND
(E) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
EMPLOYEES OF THE POLITICAL SUBDIVISION.
3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY
LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE
IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS
SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 6. The public authorities law is amended by adding a new section
2854 to read as follows:
§ 2854. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, EVERY STATE AND LOCAL AUTHORITY
SHALL REQUIRE ITS LEGAL COUNSEL TO DEVELOP A SEXUAL HARASSMENT
PREVENTION POLICY, APPLICABLE TO ALL EMPLOYEES OF SUCH AUTHORITY, WHICH
SHALL INCLUDE INVESTIGATION PROCEDURES AND A STANDARD COMPLAINT FORM.
THE SEXUAL HARASSMENT PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, THE FOLLOWING ELEMENTS:
(A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(I) "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR
SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE
WHEN SUBMISSION TO OR REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICIT-
LY, AFFECTS AN INDIVIDUAL'S EMPLOYMENT, UNREASONABLY INTERFERES WITH AN
INDIVIDUAL'S WORK PERFORMANCE OR CREATES AN INTIMIDATING, HOSTILE OR
OFFENSIVE WORK ENVIRONMENT WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO
OR DISCHARGE OF THE INDIVIDUAL.
(II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE, APPLICANT, INTERN, FELLOW,
VOLUNTEER OR OTHER INDIVIDUAL INVOLVED IN THE OPERATION OF THE STATE OR
LOCAL AUTHORITY OR CONTRACTOR OF EVERY STATE AND LOCAL AUTHORITY, OR ANY
EMPLOYEE, CONTRACTOR, VENDOR OR CONSULTANT OR EMPLOYEE OF ANY CONTRAC-
TOR, VENDOR OR CONSULTANT IN THE WORKPLACE OF THE AUTHORITY.
(B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY
AN EMPLOYEE WITH ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE LEGAL COUNSEL
BECOMES AWARE OF CONDUCT OF A SEXUALLY HARASSING NATURE, IT SHALL ENSURE
AN INVESTIGATION IS OPENED IMMEDIATELY.
(II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE
AVAILABLE TO EVERY EMPLOYEE OF EVERY STATE AND LOCAL AUTHORITY. IF AN
EMPLOYEE MAKES AN ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT
SHALL ENCOURAGE THE EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF
THE EMPLOYEE DOES NOT FILL OUT THE COMPLAINT FORM, THE PERSON RECEIVING
SUCH COMPLAINT SHALL FILL OUT SUCH FORM BASED ON THE ORAL REPORTING.
(C) INVESTIGATION PROCEDURE. (I) THE LEGAL COUNSEL SHALL DESIGNATE AN
INDIVIDUAL TO INVESTIGATE COMPLAINTS OF SEXUAL HARASSMENT FOR THE
AUTHORITY. UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVI-
SOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION
ADMINISTRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED
INDIVIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL
SHALL ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE
ALLEGATION IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTEREST,
THE INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE LEGAL COUNSEL, WHICH SHALL
DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION.
S. 7848 19
(II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE AUTHORITY.
(III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF
THE ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
INVESTIGATIONS.
(IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM-
IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED
HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
(V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
(A) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
INCLUDE AT A MINIMUM:
(1) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
(2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE-
VANT WITNESSES;
(3) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON ANY
RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
(4) A DETERMINATION OF ANY NECESSARY SITE VISITS;
(B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
(C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OR LAW;
(D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
(D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL
DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGAL COUNSEL.
SUCH REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF RELEVANT DOCUMENTS;
A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY OF THEIR STATEMENTS;
A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT INCIDENTS; AND AN
ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
(II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED TO
REVIEW THE REPORT AND MAKE A LEGAL RECOMMENDATION. NO MORE THAN THIRTY
DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION, A LEGAL DETERMINATION
SHALL BE ISSUED. IF THERE IS A DETERMINATION THAT THE COMPLAINT OR A
COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE
ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY APPLICABLE COLLECTIVE
BARGAINING AGREEMENT OR LAW.
2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
ING:
(A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT;
(B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT,
WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
(C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
COMPLAINT WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMIS-
SION, AND THE NEW YORK DIVISION OF HUMAN RIGHTS;
(D) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A
RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
S. 7848 20
WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
SUCH A COMPLAINT;
(E) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF THE AUTHOR-
ITY UPON COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND
(F) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL
EMPLOYEES OF THE AUTHORITY.
3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY
LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE
IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS
SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 7. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
PART G
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 DEFINING AND PROHIBITING SEXUAL HARASS-
MENT IN THE WORKPLACE. SUCH MODEL POLICY SHALL (A) DEFINE SEXUAL HARASS-
MENT AND PROVIDE EXAMPLES OF CONDUCT THAT WOULD BE DEFINED AS UNLAWFUL
SEXUAL HARASSMENT; (B) INCLUDE BUT NOT BE LIMITED TO INFORMATION
CONCERNING THE FEDERAL AND STATE STATUTORY PROVISIONS CONCERNING SEXUAL
HARASSMENT AND REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENT; AND
(C) INFORM EMPLOYEES OF THEIR RIGHTS OF REDRESS AND THE AVAILABILITY AND
FORMS OF COMPLAINT RESOLUTION ASSISTANCE AVAILABLE.
SUCH MODEL POLICY SHALL CLEARLY STATE THAT SEXUAL HARASSMENT IS
CONSIDERED A FORM OF EMPLOYEE MISCONDUCT AND THAT SANCTIONS WILL BE
ENFORCED AGAINST INDIVIDUALS ENGAGING IN SEXUAL HARASSMENT AND AGAINST
SUPERVISORY AND MANAGERIAL PERSONNEL WHO KNOWINGLY ALLOW SUCH BEHAVIOR
TO CONTINUE.
2. THE DEPARTMENT SHALL PRODUCE A MODEL TRAINING PROGRAM TO PREVENT
SEXUAL HARASSMENT IN THE WORKPLACE. (A) SUCH MODEL TRAINING PROGRAM
SHALL BE INTERACTIVE AND NO LESS THAN TWO HOURS IN LENGTH AND INCLUDE
(I) A DEFINITION OF SEXUAL HARASSMENT; (II) EXAMPLES OF CONDUCT THAT
WOULD BE DEFINED AS UNLAWFUL; AND (III) 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 SHALL CONSULT WITH THE DIVISION OF HUMAN RIGHTS IN
THE PRODUCTION OF INFORMATION SET FORTH UNDER THIS SECTION.
4. THE COMMISSIONER SHALL PROMULGATE REGULATIONS ALLOWING FOR THE
DISTRIBUTION OF THE INFORMATION SET FORTH IN THIS SECTION AND PROMOTING
THE AVAILABILITY OF THE INFORMATION SET FORTH IN THIS SECTION TO EMPLOY-
ERS AND THE PUBLIC.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
S. 7848 21
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through G of this act shall be
as specifically set forth in the last section of such Parts.