Legislation
SECTION 17-A
Reimbursement of funds paid by state agencies and state entities for the payment of awards adjudicated in sexual harassment claims
Public Officers (PBO) CHAPTER 47, ARTICLE 2
§ 17-a. Reimbursement of funds paid by state agencies and state
entities for the payment of awards adjudicated in sexual harassment
claims. 1. As used in this section, the term "employee" shall mean any
person holding a position by election, appointment, or employment in the
service of the state of New York, whether or not compensated. The term
"employee" shall include a former employee or judicially appointed
personal representative.
2. Notwithstanding any law to the contrary, any employee who has been
subject to a final judgment of personal liability for intentional
wrongdoing related to a claim of sexual harassment, shall reimburse any
state agency or entity that makes a payment to a plaintiff for an
adjudicated award based on a claim of sexual harassment resulting in a
judgment, for his or her proportionate share of such judgment. Such
employee shall personally reimburse such state agency or entity within
ninety days of the state agency or entity's payment of such award.
3. If such employee fails to reimburse such state agency or entity
pursuant to subdivision two of this section within ninety days from the
date such state agency or entity makes a payment for the financial
award, the comptroller shall, upon obtaining a money judgment, withhold
from such employee's compensation the amounts allowable pursuant to
section fifty-two hundred thirty-one of the civil practice law and
rules.
4. If such employee is no longer employed by such state agency or
entity such state agency or entity shall have the right to receive
reimbursement through the enforcement of a money judgment pursuant to
article fifty-two of the civil practice law and rules.
entities for the payment of awards adjudicated in sexual harassment
claims. 1. As used in this section, the term "employee" shall mean any
person holding a position by election, appointment, or employment in the
service of the state of New York, whether or not compensated. The term
"employee" shall include a former employee or judicially appointed
personal representative.
2. Notwithstanding any law to the contrary, any employee who has been
subject to a final judgment of personal liability for intentional
wrongdoing related to a claim of sexual harassment, shall reimburse any
state agency or entity that makes a payment to a plaintiff for an
adjudicated award based on a claim of sexual harassment resulting in a
judgment, for his or her proportionate share of such judgment. Such
employee shall personally reimburse such state agency or entity within
ninety days of the state agency or entity's payment of such award.
3. If such employee fails to reimburse such state agency or entity
pursuant to subdivision two of this section within ninety days from the
date such state agency or entity makes a payment for the financial
award, the comptroller shall, upon obtaining a money judgment, withhold
from such employee's compensation the amounts allowable pursuant to
section fifty-two hundred thirty-one of the civil practice law and
rules.
4. If such employee is no longer employed by such state agency or
entity such state agency or entity shall have the right to receive
reimbursement through the enforcement of a money judgment pursuant to
article fifty-two of the civil practice law and rules.