S. 6577 2
§ 1-a. Section 292 of the executive law is amended by adding a new
subdivision 37 to read as follows:
37. THE TERM "PRIVATE EMPLOYER" AS USED IN SECTION TWO HUNDRED NINE-
TY-SEVEN OF THIS ARTICLE SHALL INCLUDE ANY PERSON, COMPANY, CORPORATION,
LABOR ORGANIZATION OR ASSOCIATION. IT SHALL NOT INCLUDE THE STATE OR ANY
LOCAL SUBDIVISION THEREOF, OR ANY STATE OR LOCAL DEPARTMENT, AGENCY,
BOARD OR COMMISSION.
§ 2. Subdivision 1 of section 296 of the executive law is amended by
adding a new paragraph (h) to read as follows:
(H) FOR AN EMPLOYER, LICENSING AGENCY, EMPLOYMENT AGENCY OR LABOR
ORGANIZATION TO SUBJECT ANY INDIVIDUAL TO HARASSMENT BECAUSE OF AN INDI-
VIDUAL'S AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION,
GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY, PREDIS-
POSING GENETIC CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS, DOMES-
TIC VIOLENCE VICTIM STATUS, OR BECAUSE THE INDIVIDUAL HAS OPPOSED ANY
PRACTICES FORBIDDEN UNDER THIS ARTICLE OR BECAUSE THE INDIVIDUAL HAS
FILED A COMPLAINT, TESTIFIED OR ASSISTED IN ANY PROCEEDING UNDER THIS
ARTICLE, REGARDLESS OF WHETHER SUCH HARASSMENT WOULD BE CONSIDERED
SEVERE OR PERVASIVE UNDER PRECEDENT APPLIED TO HARASSMENT CLAIMS. SUCH
HARASSMENT IS AN UNLAWFUL DISCRIMINATORY PRACTICE WHEN IT SUBJECTS AN
INDIVIDUAL TO INFERIOR TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT
BECAUSE OF THE INDIVIDUAL'S MEMBERSHIP IN ONE OR MORE OF THESE PROTECTED
CATEGORIES. THE FACT THAT SUCH INDIVIDUAL DID NOT MAKE A COMPLAINT ABOUT
THE HARASSMENT TO SUCH EMPLOYER, LICENSING AGENCY, EMPLOYMENT AGENCY OR
LABOR ORGANIZATION SHALL NOT BE DETERMINATIVE OF WHETHER SUCH EMPLOYER,
LICENSING AGENCY, EMPLOYMENT AGENCY OR LABOR ORGANIZATION SHALL BE
LIABLE. NOTHING IN THIS SECTION SHALL IMPLY THAT AN EMPLOYEE MUST DEMON-
STRATE THE EXISTENCE OF AN INDIVIDUAL TO WHOM THE EMPLOYEE'S TREATMENT
MUST BE COMPARED. IT SHALL BE AN AFFIRMATIVE DEFENSE TO LIABILITY UNDER
THIS SUBDIVISION THAT THE HARASSING CONDUCT DOES NOT RISE ABOVE THE
LEVEL OF WHAT A REASONABLE VICTIM OF DISCRIMINATION WITH THE SAME
PROTECTED CHARACTERISTIC WOULD CONSIDER PETTY SLIGHTS OR TRIVIAL INCON-
VENIENCES.
§ 3. Paragraph (b) of subdivision 2 of section 296-b of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(b) Subject a domestic worker to [unwelcome] harassment [based on
gender, race, religion, sexual orientation, gender identity or
expression or national origin, where such harassment has the purpose or
effect of unreasonably interfering with an individual's work performance
by creating an intimidating, hostile, or offensive working environment]
AS SET OUT IN PARAGRAPH (H) OF SUBDIVISION 1 OF SECTION TWO HUNDRED
NINETY-SIX OF THIS ARTICLE.
§ 4. Section 296-d of the executive law, as added by section 1 of
subpart F of part KK of chapter 57 of the laws of 2018, is amended to
read as follows:
§ 296-d. [Sexual harassment] UNLAWFUL DISCRIMINATORY PRACTICES relat-
ing to non-employees. It shall be an unlawful discriminatory practice
for an employer to permit [sexual harassment of] UNLAWFUL DISCRIMINATION
AGAINST non-employees in its workplace. An employer may be held liable
to a non-employee who is a contractor, subcontractor, vendor, consultant
or other person providing services pursuant to a contract in the work-
place or who is an employee of such contractor, subcontractor, vendor,
consultant or other person providing services pursuant to a contract in
the workplace, with respect to [sexual harassment] AN UNLAWFUL DISCRIMI-
NATORY PRACTICE, when the employer, its agents or supervisors knew or
S. 6577 3
should have known that such non-employee was subjected to [sexual
harassment] AN UNLAWFUL DISCRIMINATORY PRACTICE in the employer's work-
place, and the employer failed to take immediate and appropriate correc-
tive action. In reviewing such cases involving 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 the [harasser] PERSON
WHO ENGAGED IN THE UNLAWFUL DISCRIMINATORY PRACTICE shall be considered.
§ 5. Subdivision 1, paragraph c of subdivision 4 and subdivisions 9
and 10 of section 297 of the executive law, subdivision 1 and paragraph
c of subdivision 4 as amended by chapter 166 of the laws of 2000,
subparagraph (vi) of paragraph c of subdivision 4 as amended by section
1 of part AA of chapter 57 of the laws of 2009, subdivision 9 as amended
by section 16 of part D of chapter 405 of the laws of 1999 and subdivi-
sion 10 as amended by chapter 364 of the laws of 2015, are amended to
read as follows:
1. Any person claiming to be aggrieved by an unlawful discriminatory
practice may, by himself or herself or his OR her attorney-at-law, make,
sign and file with the division a verified complaint in writing which
shall state the name and address of the person alleged to have committed
the unlawful discriminatory practice complained of and which shall set
forth the particulars thereof and contain such other information as may
be required by the division. The commissioner of labor or the attorney
general, or the chair of the commission on quality of care for the
mentally disabled, or the division on its own motion may, in like
manner, make, sign and file such complaint. In connection with the
filing of such complaint, the attorney general is authorized to take
proof, issue subpoenas and administer oaths in the manner provided in
the civil practice law and rules. Any employer whose employees, or some
of them, refuse or threaten to refuse to cooperate with the provisions
of this article, may file with the division a verified complaint asking
for assistance by conciliation or other remedial action.
c. Within one hundred eighty days after the commencement of such hear-
ing, a determination shall be made and an order served as hereinafter
provided. If, upon all the evidence at the hearing, the commissioner
shall find that a respondent has engaged in any unlawful discriminatory
practice as defined in this article, the commissioner shall state find-
ings of fact and shall issue and cause to be served on such respondent
an order, based on such findings and setting them forth, and including
such of the following provisions as in the judgment of the division will
effectuate the purposes of this article: (i) requiring such respondent
to cease and desist from such unlawful discriminatory practice; (ii)
requiring such respondent to take such affirmative action, including
(but not limited to) hiring, reinstatement or upgrading of employees,
with or without back pay, restoration to membership in any respondent
labor organization, admission to or participation in a guidance program,
apprenticeship training program, on-the-job training program or other
occupational training or retraining program, the extension of full,
equal and unsegregated accommodations, advantages, facilities and privi-
leges to all persons, granting the credit which was the subject of any
complaint, evaluating applicants for membership in a place of accommo-
dation without discrimination based on race, creed, color, national
origin, sex, disability or marital status, and without retaliation or
discrimination based on opposition to practices forbidden by this arti-
cle or filing a complaint, testifying or assisting in any proceeding
under this article; (iii) awarding of compensatory damages to the person
aggrieved by such practice; (iv) awarding of punitive damages, IN CASES
S. 6577 4
OF EMPLOYMENT DISCRIMINATION RELATED TO PRIVATE EMPLOYERS, AND, in cases
of housing discrimination [only], WITH DAMAGES IN HOUSING DISCRIMINATION
CASES in an amount not to exceed ten thousand dollars, to the person
aggrieved by such practice; (v) requiring payment to the state of
profits obtained by a respondent through the commission of unlawful
discriminatory acts described in subdivision three-b of section two
hundred ninety-six of this article; and (vi) assessing civil fines and
penalties, in an amount not to exceed fifty thousand dollars, to be paid
to the state by a respondent found to have committed an unlawful discri-
minatory act, or not to exceed one hundred thousand dollars to be paid
to the state by a respondent found to have committed an unlawful discri-
minatory act which is found to be willful, wanton or malicious; (vii)
requiring a report of the manner of compliance. If, upon all the
evidence, the commissioner shall find that a respondent has not engaged
in any such unlawful discriminatory practice, he or she shall state
findings of fact and shall issue and cause to be served on the complain-
ant an order based on such findings and setting them forth dismissing
the said complaint as to such respondent. A copy of each order issued by
the commissioner shall be delivered in all cases to the attorney gener-
al, the secretary of state, if he or she has issued a license to the
respondent, and such other public officers as the division deems proper,
and if any such order issued by the commissioner concerns a regulated
creditor, the commissioner shall forward a copy of any such order to the
superintendent. A copy of any complaint filed against any respondent who
has previously entered into a conciliation agreement pursuant to para-
graph a of subdivision three of this section or as to whom an order of
the division has previously been entered pursuant to this paragraph
shall be delivered to the attorney general, to the secretary of state if
he or she has issued a license to the respondent and to such other
public officers as the division deems proper, and if any such respondent
is a regulated creditor, the commissioner shall forward a copy of any
such complaint to the superintendent.
9. Any person claiming to be aggrieved by an unlawful discriminatory
practice shall have a cause of action in any court of appropriate juris-
diction for damages, including, in cases of EMPLOYMENT DISCRIMINATION
RELATED TO PRIVATE EMPLOYERS AND housing discrimination only, punitive
damages, and such other remedies as may be appropriate, including any
civil fines and penalties provided in subdivision four of this section,
unless such person had filed a complaint hereunder or with any local
commission on human rights, or with the superintendent pursuant to the
provisions of section two hundred ninety-six-a of this chapter, provided
that, where the division has dismissed such complaint on the grounds of
administrative convenience, on the grounds of untimeliness, or on the
grounds that the election of remedies is annulled, such person shall
maintain all rights to bring suit as if no complaint had been filed with
the division. At any time prior to a hearing before a hearing examiner,
a person who has a complaint pending at the division may request that
the division dismiss the complaint and annul his or her election of
remedies so that the human rights law claim may be pursued in court, and
the division may, upon such request, dismiss the complaint on the
grounds that such person's election of an administrative remedy is
annulled. Notwithstanding subdivision (a) of section two hundred four of
the civil practice law and rules, if a complaint is so annulled by the
division, upon the request of the party bringing such complaint before
the division, such party's rights to bring such cause of action before a
court of appropriate jurisdiction shall be limited by the statute of
S. 6577 5
limitations in effect in such court at the time the complaint was
initially filed with the division. Any party to a housing discrimination
complaint shall have the right within twenty days following a determi-
nation of probable cause pursuant to subdivision two of this section to
elect to have an action commenced in a civil court, and an attorney
representing the division of human rights will be appointed to present
the complaint in court, or, with the consent of the division, the case
may be presented by complainant's attorney. A complaint filed by the
equal employment opportunity commission to comply with the requirements
of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) shall not
constitute the filing of a complaint within the meaning of this subdivi-
sion. No person who has initiated any action in a court of competent
jurisdiction or who has an action pending before any administrative
agency under any other law of the state based upon an act which would be
an unlawful discriminatory practice under this article, may file a
complaint with respect to the same grievance under this section or under
section two hundred ninety-six-a of this article.
10. With respect to all cases of housing discrimination and housing
related credit discrimination in an action or proceeding at law under
this section or section two hundred ninety-eight of this article, the
commissioner or the court may in its discretion award reasonable attor-
ney's fees to any prevailing or substantially prevailing party; and with
respect to a claim of [employment or] credit discrimination where sex is
a basis of such discrimination, AND WITH RESPECT TO ALL CLAIMS OF
EMPLOYMENT DISCRIMINATION in an action or proceeding at law under this
section or section two hundred ninety-eight of this article, the commis-
sioner or the court [may in its discretion] SHALL award reasonable
attorney's fees attributable to such claim to any prevailing party;
provided, however, that a prevailing respondent or defendant in order to
recover such reasonable attorney's fees must make a motion requesting
such fees and show that the action or proceeding brought was frivolous;
and further provided that in a proceeding brought in the division of
human rights, the commissioner may only award attorney's fees as part of
a final order after a public hearing held pursuant to subdivision four
of this section. In no case shall attorney's fees be awarded to the
division, nor shall the division be liable to a prevailing or substan-
tially prevailing party for attorney's fees, except in a case in which
the division is a party to the action or the proceeding in the divi-
sion's capacity as an employer. In cases of employment discrimination, a
respondent shall only be liable for attorney's fees under this subdivi-
sion if the respondent has been found liable for having committed an
unlawful discriminatory practice. In order to find the action or
proceeding to be frivolous, the court or the commissioner must find in
writing one or more of the following:
(a) the action or proceeding was commenced, used or continued in bad
faith, solely to delay or prolong the resolution of the litigation or to
harass or maliciously injure another; or
(b) the action or proceeding was commenced or continued in bad faith
without any reasonable basis and could not be supported by a good faith
argument for an extension, modification or reversal of existing law. If
the action or proceeding was promptly discontinued when the party or
attorney learned or should have learned that the action or proceeding
lacked such a reasonable basis, the court may find that the party or the
attorney did not act in bad faith.
§ 6. Section 300 of the executive law, as amended by chapter 166 of
the laws of 2000, is amended to read as follows:
S. 6577 6
§ 300. Construction. The provisions of this article shall be construed
liberally for the accomplishment of the REMEDIAL purposes thereof,
REGARDLESS OF WHETHER FEDERAL CIVIL RIGHTS LAWS, INCLUDING THOSE LAWS
WITH PROVISIONS WORDED COMPARABLY TO THE PROVISIONS OF THIS ARTICLE,
HAVE BEEN SO CONSTRUED. EXCEPTIONS TO AND EXEMPTIONS FROM THE PROVISIONS
OF THIS ARTICLE SHALL BE CONSTRUED NARROWLY IN ORDER TO MAXIMIZE DETER-
RENCE OF DISCRIMINATORY CONDUCT. Nothing contained in this article shall
be deemed to repeal any of the provisions of the civil rights law or any
other law of this state relating to discrimination [because of race,
creed, color or national origin]; but, as to acts declared unlawful by
section two hundred ninety-six of this article, the procedure herein
provided shall, while pending, be exclusive; and the final determination
therein shall exclude any other STATE CIVIL action[, civil or criminal,]
based on the same grievance of the individual concerned. If such indi-
vidual institutes any action based on such grievance without resorting
to the procedure provided in this article, he or she may not subsequent-
ly resort to the procedure herein.
§ 7. Section 5-336 of the general obligations law, as added by section
1 of subpart D of part KK of chapter 57 of the laws of 2018, is amended
to read as follows:
§ 5-336. Nondisclosure agreements. 1. (A) Notwithstanding any other
law to the contrary, no employer, its officers or employees shall have
the authority to include or agree to include in any settlement, agree-
ment or other resolution of any claim, the factual foundation for which
involves [sexual harassment] DISCRIMINATION, IN VIOLATION OF LAWS
PROHIBITING DISCRIMINATION, INCLUDING BUT NOT LIMITED TO, ARTICLE
FIFTEEN OF THE EXECUTIVE LAW, any term or condition that would prevent
the disclosure of the underlying facts and circumstances to the claim or
action unless the condition of confidentiality is the complainant's
preference.
(B) Any such term or condition must be provided IN WRITING to all
parties IN PLAIN ENGLISH, AND, IF APPLICABLE, THE PRIMARY LANGUAGE OF
THE COMPLAINANT, and the complainant shall have twenty-one days to
consider such term or condition. If after twenty-one days such term or
condition is the complainant's preference, such preference shall be
memorialized in an agreement signed by all parties. For a period of at
least seven days following the execution of such agreement, the
complainant may revoke the agreement, and the agreement shall not become
effective or be enforceable until such revocation period has expired.
(C) ANY SUCH TERM OR CONDITION SHALL BE VOID TO THE EXTENT THAT IT
PROHIBITS OR OTHERWISE RESTRICTS THE COMPLAINANT FROM: (I) INITIATING,
TESTIFYING, ASSISTING, COMPLYING WITH A SUBPOENA FROM, OR PARTICIPATING
IN ANY MANNER WITH AN INVESTIGATION CONDUCTED BY THE APPROPRIATE LOCAL,
STATE, OR FEDERAL AGENCY; OR (II) FILING OR DISCLOSING ANY FACTS NECES-
SARY TO RECEIVE UNEMPLOYMENT INSURANCE, MEDICAID, OR OTHER PUBLIC BENE-
FITS TO WHICH THE COMPLAINANT IS ENTITLED.
2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY PROVISION
IN A CONTRACT OR OTHER AGREEMENT BETWEEN AN EMPLOYER OR AN AGENT OF AN
EMPLOYER AND ANY EMPLOYEE OR POTENTIAL EMPLOYEE OF THAT EMPLOYER ENTERED
INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY, THAT PREVENTS THE
DISCLOSURE OF FACTUAL INFORMATION RELATED TO ANY FUTURE CLAIM OF
DISCRIMINATION IS VOID AND UNENFORCEABLE UNLESS SUCH PROVISION NOTIFIES
THE EMPLOYEE OR POTENTIAL EMPLOYEE THAT IT DOES NOT PROHIBIT HIM OR HER
FROM SPEAKING WITH LAW ENFORCEMENT, THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION, THE STATE DIVISION OF HUMAN RIGHTS, A LOCAL COMMISSION ON
S. 6577 7
HUMAN RIGHTS, OR AN ATTORNEY RETAINED BY THE EMPLOYEE OR POTENTIAL
EMPLOYEE.
§ 8. Paragraphs 2 and 3 of subdivision (a) of section 7515 of the
civil practice law and rules, as added by section 1 of subpart B of part
KK of chapter 57 of the laws of 2018, are amended to read as follows:
2. 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] DISCRIMI-
NATION, IN VIOLATION OF LAWS PROHIBITING DISCRIMINATION, INCLUDING BUT
NOT LIMITED TO, ARTICLE FIFTEEN OF THE EXECUTIVE LAW.
3. 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 by the
arbitrator or panel of arbitrators in its application to a party alleg-
ing [an unlawful discriminatory practice based on sexual harassment]
DISCRIMINATION, IN VIOLATION OF LAWS PROHIBITING DISCRIMINATION, INCLUD-
ING BUT NOT LIMITED TO, ARTICLE FIFTEEN OF THE EXECUTIVE LAW shall be
final and not subject to independent court review.
§ 9. Section 5003-b of the civil practice law and rules, as added by
section 2 of subpart D of part KK of chapter 57 of the laws of 2018, is
amended to read as follows:
§ 5003-b. Nondisclosure agreements. 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] DISCRIMINATION, IN VIOLATION OF LAWS
PROHIBITING DISCRIMINATION, INCLUDING BUT NOT LIMITED TO, ARTICLE
FIFTEEN OF THE EXECUTIVE LAW, in resolving, by agreed judgment, stipu-
lation, decree, agreement to settle, assurance of discontinuance or
otherwise, no employer, its officer or employee shall have the authority
to include or agree to include in such resolution any term or condition
that would prevent the disclosure of the underlying facts and circum-
stances to the claim or action unless the condition of confidentiality
is the plaintiff's preference. Any such term or condition must be
provided to all parties, and the plaintiff shall have twenty-one days to
consider such term or condition. If after twenty-one days such term or
condition is the plaintiff's preference, such preference shall be memo-
rialized in an agreement signed by all parties. For a period of at least
seven days following the execution of such agreement, the plaintiff may
revoke the agreement, and the agreement shall not become effective or be
enforceable until such revocation period has expired.
§ 10. Subdivisions 9 and 10 of section 63 of the executive law, subdi-
vision 9 as amended by chapter 359 of the laws of 1969, are amended to
read as follows:
9. Bring and prosecute or defend upon request of the [industrial]
commissioner OF LABOR or the state division of human rights, any civil
action or proceeding, the institution or defense of which in his judg-
ment is necessary for effective enforcement of the laws of this state
against discrimination by reason of age, race, SEX, creed, color [or],
national origin, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION,
MILITARY STATUS, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, FAMI-
LIAL STATUS, MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS, or for
S. 6577 8
enforcement of any order or determination of such commissioner or divi-
sion made pursuant to such laws.
10. Prosecute every person charged with the commission of a criminal
offense in violation of any of the laws of this state against discrimi-
nation because of AGE, race, SEX, creed, color, [or] national origin,
SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS,
DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS, MARI-
TAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS, in any case where in his
judgment, because of the extent of the offense, such prosecution cannot
be effectively carried on by the district attorney of the county wherein
the offense or a portion thereof is alleged to have been committed, or
where in his judgment the district attorney has erroneously failed or
refused to prosecute. In all such proceedings, the attorney-general may
appear in person or by his deputy or assistant before any court or any
grand jury and exercise all the powers and perform all the duties in
respect of such actions or proceedings which the district attorney would
otherwise be authorized or required to exercise or perform.
§ 11. Paragraph b of subdivision 1 of section 201-g of the labor law,
as added by section 1 of subpart E of part KK of chapter 57 of the laws
of 2018, is amended and a new subdivision 2-a is added to read as
follows:
b. Every employer shall adopt the model sexual harassment prevention
policy promulgated pursuant to this subdivision or establish a sexual
harassment prevention policy to prevent sexual harassment that equals or
exceeds the minimum standards provided by such model sexual harassment
prevention policy. Such sexual harassment prevention policy shall be
provided to all employees in writing AS REQUIRED BY SUBDIVISION TWO-A OF
THIS SECTION. Such model sexual harassment prevention policy shall be
publicly available and posted on the websites of both the department and
the division of human rights.
2-A. A. EVERY EMPLOYER SHALL PROVIDE HIS OR HER EMPLOYEES, IN WRITING
IN ENGLISH AND IN THE LANGUAGE IDENTIFIED BY EACH EMPLOYEE AS THE PRIMA-
RY LANGUAGE OF SUCH EMPLOYEE, AT THE TIME OF HIRING AND AT EVERY ANNUAL
SEXUAL HARASSMENT PREVENTION TRAINING PROVIDED PURSUANT TO SUBDIVISION
TWO OF THIS SECTION, A NOTICE CONTAINING SUCH EMPLOYER'S SEXUAL HARASS-
MENT PREVENTION POLICY AND THE INFORMATION PRESENTED AT SUCH EMPLOYER'S
SEXUAL HARASSMENT PREVENTION TRAINING PROGRAM.
B. THE COMMISSIONER SHALL PREPARE TEMPLATES OF THE MODEL SEXUAL
HARASSMENT PREVENTION POLICY CREATED AND PUBLISHED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION AND THE MODEL SEXUAL HARASSMENT PREVENTION
TRAINING PROGRAM PRODUCED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
THE COMMISSIONER SHALL DETERMINE, IN HIS OR HER DISCRETION, WHICH
LANGUAGES TO PROVIDE IN ADDITION TO ENGLISH, BASED ON THE SIZE OF THE
NEW YORK STATE POPULATION THAT SPEAKS EACH LANGUAGE AND ANY OTHER FACTOR
THAT THE COMMISSIONER SHALL DEEM RELEVANT. ALL SUCH TEMPLATES SHALL BE
MADE AVAILABLE TO EMPLOYERS IN SUCH MANNER AS DETERMINED BY THE COMMIS-
SIONER.
C. WHEN AN EMPLOYEE IDENTIFIES AS HIS OR HER PRIMARY LANGUAGE A
LANGUAGE FOR WHICH A TEMPLATE IS NOT AVAILABLE FROM THE COMMISSIONER,
THE EMPLOYER SHALL COMPLY WITH THIS SUBDIVISION BY PROVIDING THAT
EMPLOYEE AN ENGLISH-LANGUAGE NOTICE.
D. AN EMPLOYER SHALL NOT BE PENALIZED FOR ERRORS OR OMISSIONS IN THE
NON-ENGLISH PORTIONS OF ANY NOTICE PROVIDED BY THE COMMISSIONER.
§ 12. The commissioner of labor in collaboration with the commissioner
of human rights shall conduct a study on how to build on the require-
ments of section two hundred one-g of the labor law, in order to further
S. 6577 9
combat unlawful harassment and discrimination in the workplace. The
study shall include but not be limited to: a review of the section two
hundred one-g of the labor law requirements for employers to provide a
sexual harassment training and policy to all employees and comparison
with similar requirements across other jurisdictions; a review of the
full scope of discriminatory practices in the workplace made unlawful by
relevant state and federal laws; engagement with relevant stakeholders
on the most effective tools to prevent and remediate such discriminatory
practices; and the efficacy of requiring such training in the workplace
in reducing discrimination. On or before December 1, 2019, the commis-
sioner of labor shall submit his report and recommendations to the
governor, the temporary president of the senate and the speaker of the
assembly.
§ 13. Subdivision 5 of section 297 of the executive law, as amended by
chapter 958 of the laws of 1968, is amended to read as follows:
5. Any complaint filed pursuant to this section must be so filed with-
in one year after the alleged unlawful discriminatory practice. IN CASES
OF SEXUAL HARASSMENT IN EMPLOYMENT, ANY COMPLAINT FILED PURSUANT TO THIS
SECTION MUST BE SO FILED WITHIN THREE YEARS AFTER THE ALLEGED UNLAWFUL
DISCRIMINATORY PRACTICES.
§ 14. Section 201-g of the labor law is amended by adding a new subdi-
vision 4 to read as follows:
4. BEGINNING IN THE YEAR TWO THOUSAND TWENTY-TWO, AND EVERY SUCCEEDING
FOUR YEARS THEREAFTER, THE DEPARTMENT IN CONSULTATION WITH THE DIVISION
OF HUMAN RIGHTS SHALL EVALUATE, USING THE CRITERIA WITHIN THIS SECTION,
THE IMPACT OF THE CURRENT MODEL SEXUAL HARASSMENT PREVENTION GUIDANCE
DOCUMENT AND SEXUAL HARASSMENT PREVENTION POLICY. UPON THE COMPLETION
OF EACH EVALUATION THE DEPARTMENT SHALL UPDATE THE MODEL SEXUAL HARASS-
MENT PREVENTION GUIDANCE DOCUMENT AND SEXUAL HARASSMENT PREVENTION POLI-
CY AS NEEDED.
§ 15. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or subpart 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 subject thereof directly involved in the controversy in which such
judgment 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.
§ 16. This act shall take effect immediately, provided, however:
(a) Sections one of this act shall take effect on the one hundred
eightieth day after it shall have become a law.
(b) Sections one-a, two, three, four, five, seven, eight and nine of
this act shall take effect on the sixtieth day after it shall have
become a law.
(c) Section thirteen of this act shall take effect one year after it
shall have become a law.
(d) Sections one, one-a, two, three, four, five, six and thirteen
shall only apply to claims filed under such sections on or after the
effective date of such sections.
(e) 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 and directed to be made and completed
on or before such effective date.
