S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7485
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ROZIC,  DE LA ROSA,  SIMON  -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08887-01-9
              

 A. 7485                             2
 
   3. THE DEPARTMENT MAY 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 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

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 SHALL PROMULGATE REGULATIONS TO ADHERE TO  THIS  SECTION  INCLUDING  THE
 NATURE  OF  THE  REQUIRED  NOTICE,  THE TIMING THAT SUCH NOTICE SHALL BE
 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.