Search form

New York Legislators Introduce Bills on Workplace Sexual Harassment, Retaliatory Action

By Lisa M. Marrello and Thomas Buchan
  • January 9, 2018

Preventing sexual harassment in the workplace and clarifying the definition of retaliatory action are the topics of two bills introduced on the first day of New York’s 2018 legislative session.

Preventing Sexual Harassment in the Workplace

A bill introduced by Senator Liz Krueger (D-Manhattan) would amend the Labor Law to require the Department of Labor to create a “strong model management policy” defining and prohibiting sexual harassment in the workplace, as well as a model training program to prevent sexual harassment in the workplace.

S.7193 also would amend the Human Rights Law to clarify instances of sexual harassment as unlawful discriminatory practices and apply the provisions to all employers, public and private, in New York.

Further, the bill would amend the Executive Law to require the Department of State to provide employers notice of laws regarding sexual harassment in the workplace.

The bill was introduced in the state Assembly by Assemblywoman Nily Rozic on January 8, 2018.

Clarification of Retaliatory Action

Senator Roxanne Persaud (D-Brooklyn) pre-filed a bill that would amend §296 of the Executive Law (Unlawful Discriminatory Practices, within Article 15 – Human Rights Law) to clarify that the definition of a retaliatory action in the workplace includes an instance where an aggrieved employee is treated less favorably than any other employee.

S.7192 contains the following affirmative defenses for employers:

  1. The employer planned to demote, discharge, or penalize the employee prior to learning the employee had opposed a practice prohibited under the Human Rights Law, filed a complaint against the employer, or testified or assisted in a proceeding under the Human Rights Law.
  2. The employer’s treatment of the aggrieved employee is without any consideration of the employee’s opposition of a practice prohibited under the Human Rights Law, filing of a complaint against the employer, or testimony or assistance in a proceeding under the Human Rights Law.

There is currently no sponsor in the Assembly.
 
The Jackson Lewis Government Relations practice monitors and tracks all legislation introduced in New York, advocates for client positions with New York’s legislators, and helps clients oppose legislation that will be detrimental to their business interests.

Please contact a Jackson Lewis attorney if you have any questions about these developments.

©2018 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

See AllRelated Articles You May Like

August 8, 2018

New York Steps Closer to Legalizing Recreational Marijuana Use with Creation of Drafting Workgroup

August 8, 2018

New York Governor Andrew Cuomo is setting the stage to begin debate over the legalization of marijuana for recreational use during the 2019 Legislative Session. The current marijuana program, restricted to medical marijuana usage, was signed into law in 2014. On August 2, 2018, Governor Cuomo announced the creation of a workgroup to... Read More

August 8, 2018

New York City Commission on Human Rights Issues Mandatory Sexual Harassment Notice and Fact Sheet

August 8, 2018

The New York City Commission on Human Rights has released a fact sheet and mandatory posting consistent with the “Stop Sexual Harassment in NYC Act.” Effective September 6, 2018, all New York City employers must conspicuously post the anti-sexual harassment rights and responsibilities posting, as well as hand out the fact sheet to new... Read More

August 2, 2018

Certificate of Relief: Reducing Employer Exposure for Hiring Employees with Certain Criminal Convictions

August 2, 2018

Recently, the North Carolina General Assembly enacted “An Act to Amend the Law Regarding a Certificate of Relief For Criminal Convictions.” The Act will become effective on December 1, 2018, and applies to petitions for relief filed on or after that date. Legislators contemplated the Act would assist individuals convicted of... Read More